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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
1. Around September 23, 2008, the Defendant made a false statement to the victim that “Around September 23, 2008, the Defendant would have the victim acquire the right to sell the shares of the FFF law in lieu of the above commercial building,” to the victim in the PC operation room in Jung-gu Seoul Metropolitan Government. On October 31, 2008.”
However, in fact, the Defendant did not have ownership of the above E Commercial Building Underground 1, and did not have the F legal right to sell the land, so there was no intention or ability to transfer the ownership of each of the above E commercial building to the victim.
As such, the Defendant, by deceiving the victim, received a total of KRW 80 million from September 23, 2008 to October 8, 2008 as the purchase price for E-commercial underground 1 from around September 23, 2008, and around that time, received an additional amount of KRW 5 million under the name of the purchase price for E-commercial 1.
2. Around December 10, 2009, the Defendant made a false statement to the victim H on the Defendant’s real estate office located near the Seocho-gu Seoul Metropolitan Area G basin that “If the Defendant purchases 10 square meters of the underground floor 1-1 of Gangdong-gu Seoul Metropolitan E apartment commercial building, the Defendant would be 30 million won if he would be well as 150 million won if he would move expenses, and 30 square meters if he would be able to receive 30 square meters at redevelopment.”
However, the reconstruction was merely at the stage of the promotion committee and did not have confirmed the above matters. Since the first floor above the above commercial building was not owned by the defendant, there was no intention or ability to transfer ownership in installments to the victim.
The Defendant, as such, by deceiving the victim, received KRW 8 million as the down payment around December 10, 2009, KRW 30 million as the intermediate payment around December 14, 2009, and KRW 32 million as the remainder payment around December 22, 2009.
3. The defendant is the victim at the same time and place as paragraph 2.