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A defendant shall be punished by imprisonment for not less than one year and six months.
All applications filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
[2013 Highest 175]
1. Fraud against the victim C;
A. On March 30, 201, the Defendant borrowed 50 million won from E as security the land located in the 2nd H University located in Gannam-si, Seoul-si, the Defendant: (a) around September 6, 2007, the Defendant borrowed 50 million won from E as security; and (b) there was no funds to pay the intermediate payment and remainder after paying the sales price only; (c) even though the Defendant did not have any intent or ability to complete the registration of ownership transfer of the said land to the victim C, the Defendant purchased the original resident’s 2nd land located in the G H University located in the vicinity of the H University; (d) the Defendant purchased the original resident’s 2nd land located in Gan-si, with the husband’s knowledge, but the rest of one land enters into the breabbbbbbb plan under the name of husband, her husband, and transferred the land to the Defendant’s wife under the name of 500 million won under the name of the Defendant’s deposit account.
B. On December 23, 2011, the Defendant: (a) received a false statement from the victim that “If 5 million won is lent, her husband will return it to her country; and (b) he/she received a remittance from the victim to the J’s deposit account on the same day on the same day.” (c) The Defendant acquired the money from the victim to the victim’s deposit account on the same day. (d) The Defendant did not have any intent or ability to return it even after borrowing the money from the victim C; and (e) did not have any intent or ability to return it.
2. Fraud against victim D;
A. On December 13, 2010, the Defendant: (a) around the same day, at the 116-dong parking lot of the building F in Seongbuk-gu, Sungnam-si; (b) the Defendant did not have the right to move into the apartment complex in Yongsan-gu; and (c) even if there was no certain import, the Defendant did not have the intent or ability to return the money even after borrowing it from the victim D, the Defendant “Seoul.”