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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a real operator of D Co., Ltd. located in C at the time of the game strike.
1. Crimes against victims E;
A. On April 14, 2014, the Defendant attempted to sell a commercial building of the trade name “G” to the victim E at the sales office of D (State) located in F in Seoul Special Metropolitan City on April 14, 2014.
If a store is sold in lots, it is expected to cancel the registration of the establishment of a collateral security in the name of the main livestock industry cooperative in the name of the land which is the site of the building of the commercial building immediately after the payment of the balance.
“...”
However, even if the defendant received the sales price from the injured party, he thought that it would be used for the defendant's purchase fund of the existing commercial buildings and the construction cost of the commercial buildings, and the defendant did not have the intent or ability to cancel the registration of the establishment of a collateral security right on the commercial building site by repaying the debt to the neighboring mortgage holder of the purchased commercial building site.
Nevertheless, the defendant deceivings the victim as above and caused the damage to this year as the contract deposit for the same day under the name of the sales price for commercial buildings in relation to subparagraph 110 of the above "G", and 50 million won as the intermediate payment on the 30th of the same month, and 50 million won as the intermediate payment.
5. The balance of 7.2 billion won, and the same year.
8. 22. A total of KRW 304,500,000,000 for the remaining remaining reasons was received respectively as a passbook of a national bank D Co., Ltd.
B. On April 14, 2014, the Defendant concluded a sales contract for commercial buildings with the victim E and the first floor No. 110,000 won for the sale price at the sales office of D, located in F, Seoul, on April 14, 2014.
Defendant 50 million won as contract deposit from the injured party under the above contract for sale in lots, and KRW 50 million as the first intermediate payment on the 30th of the same month, and the same year.
5. The balance of 7.2 billion won, and the same year.
8. 22. The remainder is 4.5 million won in total as KRW 304,500,000.