A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 1, 2018, the Defendant made a false statement to the effect that “The Defendant has a full right to sell the unsold apartment unit to the 166 generation units in the B apartment unit in front of the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.” From April 15, 2018, there is insufficient money to operate the on-site sales office from April 15, 2018. If the Defendant borrowed KRW 30 million, the principal may be paid first on the day when the payment was made, and the Defendant may pay the profit of KRW 4 million per household as a profit.”

However, since the defendant did not have the right to sell the above apartment, the defendant was unable to operate the sales office from April 15, 2018, and even if he borrowed money from the victim, there was no intention or ability to pay the money.

As above, the Defendant, by deceiving the victim, received KRW 30 million in total from April 4, 2018 to April 12, 2018 from the victim, to the Agricultural Cooperative (D) in the name of the Defendant five times in total.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. The defendant's partial statement in the second protocol of trial;

1. A protocol of examination of part of the defendant by prosecution;

1. Some police suspect interrogation protocol against the defendant;

1. Statement C in the second police interrogation protocol against the accused;

1. Statement to C by the police;

1. Investigation report (additional submission of details of transfer by the complainant);

1. A contract for service as a sales agent;

1. Sales agency for apartments, and sales contract;

1. A real estate sale contract by proxy;

1. Business registration certificate for corporations;

1. Details of transactions and transfer of Defendant Agricultural Cooperative Account;

1. The application of the law as a result of the inquiry and reply to F Co., Ltd. of this Court

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the defendant who is selected to imprisonment and his/her defense counsel

1. Summary of the assertion

A. The Defendant, who operates a limited liability company G, has the right to vicariously sell apartment units as stated in the facts charged.