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A defendant shall be punished by imprisonment for a term of one year and eight months.
Reasons
Punishment of the crime
[2012 Highest 3995] The Defendant entered into a contract with the victim E to have the victim carry out the sales agency of the apartment complex as a person who vicariously carried out the sales agency of the D apartment complex at Seocho-si, Seocho-si, at early 2011.
Around 14:00 on February 1, 2012, the Defendant stated, at a coffee shop, that “In order to have the apartment that is being sold in lots as a large level, it is necessary to change the terms and conditions of sale in lots to the victim so that the apartment can be sold in lots as a large level. To do so, F, the representative of the executor, must proceed with with the election of the National Assembly members, but to request the money to be used as a street for receiving official ceiling.”
However, even if the defendant received money from the victim for the purpose of street funds, he did not have the intention or ability to change the sale conditions by using it as the street funds necessary for the official election of the National Assembly members.
The Defendant, by deceiving the victim as such, received KRW 100,000,000 from the victim via the bank account in the name of the Defendant in the name of the Republic of Korea, for the purpose of raising funds necessary for F to serve as a member of the National Assembly, and received KRW 200,000,000,000 from the victim on February 3, 2012.
[2012 Highest 4729] Around December 5, 2011, the Defendant called the Victim G to “on behalf of the Defendant for sale of D apartment units, which, at present, is doing so, 25 million won will accrue if the sale of the apartment units is made.” The Defendant concluded a service contract to pay KRW 15 million out of the proceeds when the contract was concluded for the recruitment of the seller. If the contract was concluded, the Defendant made a false statement to the effect that the performance bond will be returned immediately if the contract is not concluded.”
However, in fact, the victim did not enter into the above apartment sale agency service contract with the victim, it was thought that the contract was entered into with E that has been transacted before that time, and it was thought that the performance bond will be returned to the victim