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A defendant shall be punished by imprisonment for not less than one year and six months.
Of the facts charged in the instant case, the fraud against the victim C is acquitted.
Reasons
Punishment of the crime
"2012 Highest 2101"
1. The Defendant against the victim D is a person who operates the Gyeongna B boiler G gun board with the trade name of “F” in Seoul E.
Around July 1, 2011, the Defendant purchased the H Apartment 704 (hereinafter “instant apartment”) owned by the victim from the victim, among three persons, including the victim D(72 years of age) and son I, and did not pay the contract deposit of KRW 20 million (the contract deposit of KRW 20 million, the balance of KRW 480 million, the remainder of KRW 480 million), the payment date of the remainder on July 28, 201, and the lease period of the remainder on October 1, 2009 to September 30, 201, including the remainder of the lease period of KRW 3250,500,000,000,000,000 won, including the lease deposit of KRW 14,50,000,000,000,000,000,000 won and the remainder of the real estate sales contract to the victim.
On July 28, 2011, the remaining payment date, the Defendant concluded on July 28, 201, that “The Defendant sold more than 10 officetels owned within one month prior to the transfer of the ownership of the instant apartment, and succeeds to the loans and the deposit for lease on a deposit basis in accordance with the sales contract, and paid the remainder of the purchase price of the apartment in cash, and received an investment of KRW 5 billion from J.” to the victim at the coffee shop near the street located in Gangdong-gu Seoul Metropolitan Government.
However, around October 2009, the Defendant knew that it was difficult for the Defendant to receive investment from the J because he was bound by the J to make an investment, and that the officetel owned by the Defendant was already given loans to sell in lots. At the time, the Defendant was under a situation where he was urged to make an additional creation of collateral mortgage from Gyeongna-N on the ground that there was a debt amount equivalent to KRW 640,000,000,000 to be paid to Gyeongna-N Co., Ltd. at the time.