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1. The defendant shall be punished by imprisonment with prison labor for a year and two months;
2. An application for compensation shall be dismissed;
Reasons
Punishment of the crime
The Defendant became aware of the Victim G, who is the head of the F and E elementary school administrative office, who is a victim F and the sexual intercourse while working as a sex of the D Educational Association and E elementary school operating member, and became aware of the victim C, the victim H and the victim I.
1. On December 201, the Defendant sold apartment units to the victim G, the victim F, and the victim C, the Defendant made a false statement to the victim G in the E elementary school located in Busan Shipping Daegu J, Busan, stating that “The inside of the city carries out an apartment construction project with a scale of 600 households between the subway Station and the water area of the city of Suwon-dong, Busan, and that the amount owned by himself and employees out of the share of the company possession of the apartment is 85% of the sale price.”
However, in fact, while K has been running an implementation project to construct a general apartment in the above site, the progress of the project was suspended due to the low construction competition. Around May 201, LA operated by K succeeded to all the legal relationship about the implementation of the construction project of the above site from the above A development and around November 30, 2011, it obtained approval for housing project for the above site and constructed apartment at the promotion company company in the above site. Therefore, the defendant did not have any right to the above apartment execution project, and the defendant did not have any intention or ability to sell the apartment to the victim.
Nevertheless, the Defendant, as seen above, received KRW 12,436,50 from the victim to the corporate bank account (M) in the name of the Defendant on January 11, 2012, as well as received KRW 12,436,50 from the victim as the payment for apartment sale contract, and received KRW 208,839,690 in total as the payment for apartment sale from the victims from around that time to September 7, 2012.
2. The Defendant’s investment funds to the victim I and the victim H by telephone to the victim H at the location of the place in April 2012.