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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal power] On May 26, 2005, the Defendant was sentenced to two years and eight months of imprisonment for fraud, etc. at the Incheon District Court on the same day, and the judgment became final and conclusive on the same day, and was released on July 28, 2006 during the execution of the sentence, and the parole period expired on November 27, 2006.
【Criminal Facts】
1. Fraud;
A. On May 29, 2008, the Defendant: (a) around May 29, 2008, at the N Licensed Real Estate Agent Office in Gyeyang-gu Incheon, Incheon, the Defendant released the attachment and provisional attachment of an amount equivalent to KRW 90 million established on the land and building prior to the remainder payment; (b) revoked the right to collateral security of KRW 1.266 billion in total established on the second financial right in lieu of the payment of KRW 1.266 million in the intermediate payment; (c) by changing the status of the debtor to the financial right of KRW 1.26 million in total; and (d) by transferring the ownership of the real estate to the first financial right of KRW 1.2 billion in total; and (e) transferring the ownership of the real estate by June 1, 2008.
However, in fact, since the Defendant did not have any specific property and had a debt of 200 million won or more, it did not have the ability to cancel the seizure, etc. established on the above real estate, or change the financial obligation for the victim. Even if he received money from the victim, he did not have the intent or ability to transfer the ownership of the above real estate to the victim within the time limit after performing the agreed matters with the victim.
Accordingly, the defendant deceivings the victim and obtained 200 million won as a sales contract deposit from the victim.
B. On July 2, 2008, the fraud defendant around July 2, 2008 at a restaurant where the trade name on the three U-story located in Incheon Gyeyang-gu cannot be known.