beta
Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[2013 Highest 1818] The Defendant was sentenced to two years and three months of imprisonment for fraud, etc. at the Daegu District Court on April 28, 2010, and operated C, a real estate consulting company, from July 2008 to January 2009, and operated D, a same type of business from January 2009.
On February 5, 2009, the Defendant offered a purchase to the victim H, through the head of the business division of the said company, as to the size of 231 square meters (around 70 square meters) in the second floor of the Seo-gu building in Seo-gu, Seocheon-gu, Seoul., the Defendant: (a) divided the victim into the victim’s 591 square meters in the vicinity of the Do Office; (b) if the relocation of the Do Office becomes final and conclusive in the vicinity of the said land, the Defendant divided the victim into the 591 square meters in the land near the Do Office; and (c) there is a significant possibility that the use of the surrounding commercial area is being changed, (d) more than twice profits are generated within 1-2 years if purchased, and (e) a false purchase may be re-purchased from the company of Korea if the Do Office becomes final and conclusive.
However, on October 7, 2008, the Defendant entered into a sales contract with a prop-I and a purchase price of KRW 2229,900,000 (per square meter 380,000) for a total of 2,000 square meters (per square meter 605 square meters), including the above land, around 7, 2008, and the contract was null and void due to the failure to pay the balance on the due date when the remainder payment was made on November 2008. Since the Defendant did not prepare labor expenses of KRW 50,00,000 per month at the wind to establish a company immediately without securing the operating funds of the company, it was difficult to purchase the said 591 square meter from a prop-I to acquire it, and there was no intention or ability to transfer the ownership to the victim by installments.
The Defendant is the victim.