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Defendants shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
Defendant
B On January 31, 2009, the Seoul Central District Court sentenced one year of imprisonment for fraud at the Seoul Central District Court, which became final and conclusive on September 1, 2009.
The Defendants operated the F Licensed Real Estate Agent Office in Gangwon-do E.
1. On October 14, 2005, the Defendants introduced the 3,058 square meters of land located in the Crossing-gun in Gangwon-do to the victim G at the said F Licensed Real Estate Agent Office on the said F Licensed Real Estate Agent Office, and stated, “I would like to pay a road on the adjoining land, but would allow the victim G to use the 50 square meters of the land as a co-owned share and use it as a access road.”
However, the Defendants did not have any significance in relation to the co-ownership of the adjacent land with I and the road owner, and even if the victim purchased the above land, the Defendants did not have the intent or ability to construct the road as agreed with the victim.
The Defendants conspired to induce the victim and then received 10 million won as the down payment from the victim on the same day as the down payment, 50 million won as the intermediate payment on October 28, 2005, and 40 million won as the remainder payment on November 21, 2005.
2. On November 5, 2005, the Defendants introduced at the above F Licensed Real Estate Agent Office the victim J of the land 4,066 square meters in the Gangwon-do Crossing-gun Office, which read, “I wish to pay a road on the adjoining land, whichever is about to be 50 square meters among them so that I can use the 50 square meters as a co-ownership share and as a access road.”
However, the Defendants did not have any significance in relation to the co-ownership of the adjacent land with I and the road owner, and even if the victim purchased the above land, the Defendants did not have the intent or ability to construct the road as agreed with the victim.
The Defendants conspired to induce the victim as such and then received 10 million won as the down payment on November 9, 2005 and 120 million won as the remainder on December 3, 2005 from the victim.
Summary of Evidence
1. Trial records of the first time;