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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On September 29, 2010, the Defendant concluded a lease agreement with the victim E, F, and the Defendant at the D real estate office located in Yongsan-gu Seoul Building 103, Yongsan-gu, Busan Metropolitan City on September 29, 2010, stating that “The said apartment shall be loaned to the victims at least 60% of the lease deposit amount of KRW 230,000,000,000,000,000,000,000 won.”
However, in fact, the Defendant did not have any intent or ability to make a loan to the extent of less than 60% of the above apartment sale price (870,000,000 won) and to pay the balance. Therefore, even if the Defendant received the lease deposit amount of 230,000,000 won from the victim, he did not have any intent or ability to make a loan to the extent of less than 60% of the above apartment sale price.
Nevertheless, the Defendant, by deceiving the victims as above, received 23 million won as the down payment of the lease deposit on September 29, 2010 from the victims, and received 27 million won as the remainder payment of the lease deposit on October 30, 2010.
Co-defendant Ha, who had been a co-defendant 2013dan1062, worked as the head of the KI Apartment Association of Yongsan-gu, Seoul (hereinafter referred to as the "damage Association") from March 4, 2006 to August 13, 2009, and was in charge of the receipt of contributions from members and the management of funds related to reconstruction, etc., and Defendant A as the representative director of the event of the KI apartment, who was in charge of reconstruction of the above apartment.
H, even though L, which was the head of the immediately preceding cooperative, concluded a sales contract with Adong B103, delayed the payment of the down payment and the intermediate payment, demanded the performance three times by way of sending a certificate of contents, etc., so there was a duty to cancel the sales contract for the benefit of all union members and confiscate the down payment KRW 90 million for the benefit of all union members.
Nevertheless, H around September 3, 2008, is executing agency at the damaged association office.