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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[Criminal Power] On September 19, 2018, the Defendant was sentenced to two years of imprisonment for fraud at the Busan District Court, and the judgment became final and conclusive on January 24, 2019.
【Criminal Facts】
1. Fraud;
A. On April 2014, the fraud related to the sale and purchase of B and Kimhae Factory, the Defendant made a false statement that “A victim E had a d real estate office operated by the Defendant in Busan-gu, Busan-gu, Busan-do, a 2nd floor building (hereinafter “B”) and a factory site in Busan-do (hereinafter “the factory site”), which is located in the city of Busan-do, left as a kind of thing at the intermittent value.” The purchase of the building can lead to a lot of physical gains.
However, in fact, the above building B was difficult to clarify the building due to lessee, and the above Kimhae factory was difficult to trade due to various equipment in the factory, etc., and the defendant merely intended to use the money received from the victim as a debt repayment of all kinds of bonds and an investment required for stock investment, and did not have the intention or ability to purchase the above building B and Kimhae factory.
Nevertheless, as seen above, the Defendant, as indicated in the attached Table 1 from May 12, 2014 to February 23, 2016, by deceiving the victim and deceiving the victim from the victim, received total of KRW 374 million from 13 times in the name of the purchase price of the building B and the Kimhae Factory, as shown in the attached Table 1.
B. Around May 2015, the defrauded, who was involved in the sale and purchase of land, told the above victim at the above D’s real estate office, saying, “F land 40,035 square meters (hereinafter “F”) in Busan-gun, Busan-gun, Busan-gun, a real estate owned by G, has been an object of sale and purchase of the said F’s land, and thus, was delegated by G with all authority, such as the sale and purchase of the said F’s land, a lot of cadaver gains may arise if purchased the land.”
However, in fact, the Defendant did not have been delegated by the said G with the authority to dispose of the said F land, and received money from the victim.