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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Judgment of the court below] On April 24, 2007, when the defendant owned B (hereinafter "the land of this case") under the name of the defendant's father C (hereinafter "the land of this case"), he completed the registration of ownership transfer for the land of this case on April 24, 2007 due to the conclusion of the sales contract with D on April 17, 2007.
On April 22, 2008, the victim E initiated a voluntary auction procedure for the instant land at the District Court of the Government District on April 22, 2008, and around December 2008, the victim E was awarded a successful bid for the instant land as the highest price buyer and completed the registration of ownership transfer on February 12, 2009.
【Criminal Facts】
1. On December 2008, the Defendant called “in order to develop the instant land, it is necessary to have the right to permit the construction of a factory permitted under the name of his/her husband and wife, so the right to permit the construction of a factory should be purchased in KRW 20,00,000.”
However, the defendant had no intention or ability to transfer the right of permission to the victim by transferring the right of permission to the land of this case to D around March 2007.
Nevertheless, the Defendant, by deceiving the victim as above, received the total sum of KRW 20,000,000 on December 24, 2008, and KRW 20,000,000 on December 26, 2008 from the victim to the Agricultural Cooperative Deposit Account in the name of Agricultural Cooperatives under C for the purpose of the transfer of the right to permission.
2. On December 2017, the Defendant entered into a real estate sales contract for selling the instant land and buildings to H, a company with the introduction of the victim at G Licensed Real Estate Agent Office located in the Namyang-si, Namyang-si.
around that time, the Defendant called that “I will pay 31,00,000 won to the G Licensed Real Estate Agent Office that has arranged a sales contract to I and will pay to I money.”
However, the brokerage commission to be paid to I is less than KRW 20,000,000, and the defendant receives money from the victim as the intermediary commission and pays KRW 5,000,000 as the intermediary fee.