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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Power] On September 7, 2012, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Western District Court, and on December 11, 2012, the said judgment has become final and conclusive.
【Criminal Facts】
The defendant is the actual operator of the corporation C, and is the actual owner of the building E, an aggregate building located in Eunpyeong-gu Seoul Metropolitan Government, and delegated F, a sales agent, with the sales agent for the housing in the above building.
The Defendant: (a) around January 13, 2010, at the sale office of the E-building No. 201, the above E-building No. 201, the Defendant: (b) through F, to the victim G via the above F, “The sales price of KRW 230 million is KRW 15 million; (c) the intermediate payment of KRW 60 million on the date of the contract, the intermediate payment of KRW 15 million is paid on February 5, 2010; and (d) the remainder of KRW 150 million on March 3, 2010; (c) the Defendant paid the remainder of KRW 1550 million on the face of the termination of the bank establishment; and (d) the remainder of KRW 150 million on the face of the termination of the bank establishment; and (e) the remainder of KRW 500,000,000 in cash will be transferred to the effect that “I will first move into the ownership of the E-building.”
However, the above E-building 401 was registered as a provisional disposition prohibiting disposal, such as purchase and sale of the debt amount of 650,000,000 won, which was created by the E-building from the E-Japan Credit Union, and was not notified to the victim. At the time, the Defendant was registered as a bad credit holder due to the Defendant’s failure to repay approximately 400,000,000 won of loans to the bank, credit card companies, etc., and even if the Defendant received the sales payment from the victim, he did not have any intent or ability to transfer the ownership of the above E-building to the victim without any defect, such as cancelling all collateral security, etc. as to the above E-building 401.
The defendant.