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1. The defendant shall be punished by imprisonment with prison labor for one and half years;
2. An application for compensation shall be dismissed;
Reasons
Punishment of the crime
On April 27, 2015, the Defendant: (a) concluded a contract to purchase D stores in C from E to pay the down payment of KRW 40 million; and (b) concluded a contract to purchase KRW 40 million from E; (c) had the victim B wishing to engage in the same business as he/she purchased KRW 700,000,000; and (d) had the victim B acquired the money equivalent to the difference from the damaged party, as he
1. On May 13, 2015, the Defendant: (a) presented a purchase agreement with the victim of H stores located in G located in G located in Busan Metropolitan Government F, which deleted “ 400 million won” from the Plaintiff; and (b) entered into a contract with the victim to purchase the D stores that return to the Plaintiff that was not well-known.
It was a store with a value of at least one billion won, which was purchased in a container of at least KRW 700 million.
B. It was suggested to the effect that it is divided into half of the share in the sales, and that it would pay 350 million won, which is 50 million won of the sales price, as the share price.
However, in fact, the Defendant concluded a contract to purchase the said D store with KRW 400 million and concluded a contract to purchase the said D store with the intention to acquire the difference ( KRW 150 million which is KRW 50 million which is KRW 50 million which is KRW 50 million) from the damaged party as if he purchased the said D store with KRW 200 million.
Accordingly, the Defendant, as seen above, induced the victim, and thereby, acquired a property interest of KRW 150 million exceeding KRW 20 million, including KRW 40 million around May 14, 2015, KRW 40 million around the 19th day of the same month, and KRW 350 million around December 30, 2015, by obtaining delivery of KRW 300 million, from the victim, under the name of 50% share price of the said D store from the victim.
2. On May 2016, the Defendant transferred all shares (50%) in a store to the victim at a sculatory place on the ground that it is difficult for the victim to manage D stores.
It suggested that 350 million won invested in the inside of the total sales amount of KRW 700 million shall be paid as the equity price.
However, as stated in paragraph 1, the defendant is in the above D's KRW 400 million.