A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant is the representative director of the D Co., Ltd., which is the implementation company of the Incheon Nam-gu Ctel construction project, and is currently being sentenced to two years of imprisonment for fraud in the Seoul Central Court, and is currently pending

On January 20, 2012, the Defendant concluded a sales contract for the instant officetel 814 with the victim E at the office of the second floor, Nam-gu Incheon Metropolitan City Ctel (hereinafter referred to as “C building”) around January 20, 2012, and concluded a sales contract for the instant officetel 814 with the victim E, and falsely stated that “C building 8.14 shall be sold to the victim at the cost of approximately 16.61 million, with the market price of approximately 16.6 million, and KRW 60 million, a transfer registration will be made within two months, and it may not be known that the office was entrusted with a trust or provisional disposition for an officetel.”

However, as to the above C building, the registration of ownership transfer due to the trust was completed in the name of F Co., Ltd. on March 24, 2010, and on March 15, 2010, the provisional attachment registration of KRW 577,808,800 was completed in the name of G on March 15, 2010, and the land for the building was 4.2 billion in total, including KRW 1.5 billion borrowed from Nonghyup as security, KRW 1.7 billion in investors H, and unpaid construction cost, and thus, even if the purchase price was paid from the victim, there was no intention or ability to complete the registration of transfer.

On January 20, 2012, the Defendant acquired 30 million won from the victim to the accounts in the name of the Saemaul Treasury Co., Ltd. in the name of the Saemaul Bank on January 20, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused;

1. A contract, agreement, and confirmation of change in the original trust register;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions on criminal facts: The sentencing guidelines for sentencing under Article 347(1) of the Criminal Act: The scope of mitigation among general fraud of less than KRW 100 million, factors of special mitigation within one year: the victim is also responsible for the occurrence of the crime, in light of the amount of damage, and the background leading up to the occurrence of the crime in this case;