A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

Defendant stated “F” in the facts charged of building B in Ansan-si, but is obvious that it is a clerical error.

It is the representative director of C corporation specializing in the sale business by newly constructing the corporation.

On September 5, 2016, the Defendant concluded a sales contract with the victim D and B building E at the sales office of the building B around September 5, 2016, and concluded a sales contract for KRW 200 million after the victim's request for occupancy, and the victim's demand for occupancy after the completion of the part payments to the victim through the staff of the sales agency team. The victim demanded the transfer of ownership after the payment of part payments and the transfer of ownership was completed on October 20, 2016, and the victim demanded the transfer of ownership to the victim through the same employee at that time.

However, in fact, the Defendant was unable to pay the construction cost properly, and the Defendant planned to obtain a loan from the F building and site by means of collateral security and trusting the F building with an individual creditor about KRW 2.3 billion borrowed money from the individual creditor, and thus, the facts charged are that “the Defendant was willing to complete the loan by means of real estate trust,” but according to the evidence, the instant building was trusted to facilitate the sale of the building under the condition that the construction was completed. Therefore, this is recognized as such.

Even if the purchase price is paid by the victim, there is no intention or ability to sell the above subparagraph to the victim normally.

Nevertheless, the Defendant, by deceiving the victim as above, remitted from the victim the amount of KRW 18 million as down payment on September 5, 2016, KRW 22 million on or around September 6, 2016, KRW 100 million on or around October 17, 2016, and KRW 60 million on or around November 30, 2016 to the Defendant G bank account (H) under the pretext of intermediate payment.