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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On December 7, 2010, the Defendant was sentenced to eight months of imprisonment due to fraud, etc. in the Cheongju District Court’s Assistance, and completed the execution of the sentence at the Cheongju detention house on August 5, 201.
1. Fraud;
A. On May 2012, the Defendant: (a) in the “E,” a motor vehicle shop operated by the victim D, the victim D, at the early stage of Chungcheong City, the Defendant: (b) is a real estate broker; (c) is a good real estate that has an investment value to F at the Chungcheong City; and (d) is acting as a broker for the purchase of real estate.
A false statement was made as if the purchase of F real estate would be mediated at the time of Chungcheongju by stating that the down payment would reduce the seller to KRW 5 million.
However, not only the defendant is not a real estate broker but also the defendant was unaware of the owner of the above real estate and there was no intention or ability to mediate the purchase of the above real estate.
On May 22, 2012, the Defendant: (a) by deceiving the victim; (b) received KRW 5 million from the victim on the pretext of the down payment from the victim; (c) received money via a bank account in the name of G on the pretext of the down payment on May 2, 2012 from May 22, 2012 to September 12, 2013; or (d) received money totaling KRW 131,170,000 in the name of purchase-related loan, such as down payment, intermediate payment, related expenses, and land purchase-related loan.
Accordingly, the defendant was given money by deceiving the victim.
B. On June 2015, the Defendant made a false statement to the victim D without authority to exercise at the Defendant’s home located in Ha, Chungcheongnam-si, Chungcheongnam-si, that “The mother was living in excess of auction, and if 5 million won was leased, the Defendant would receive a loan at the beginning of August 2015.”
However, even if the defendant borrowed money from the damaged party, the defendant did not have the intention or ability to repay it.
The Defendant, as such, deceiving the victim, and deceiving the victim, on June 11, 2015.