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A defendant shall be punished by imprisonment for seven years.
Reasons
Punishment of the crime
On October 16, 2009, the Defendant appealed seven years of imprisonment with prison labor for fraud, etc. at the Incheon District Court [2007No1196, 2008No2365 (Consolidation)], but the appeal was dismissed on January 14, 2010, which became final and conclusive as it is.
[209Gohap807]
1. On June 29, 2005, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) has the victim G who visited the Defendant at the Nam-gu Incheon University University University Research Institute, 278 Incheon, Incheon, and had the victim G, who visited the Defendant, "it has the land at least KRW 1.5 billion at the market price of at least 2,500,000,000 in the factory site in Gwangju, Gyeonggi-do. It is necessary to complete the ground construction with the permission of factory construction. However, it is necessary to pay money due to the settlement of accounts with the partner. The attorney shall combine the appointment cost and interest of KRW 80,000,000 in cash with the land and completed the factory until the end of the year and repurchase the said land in KRW 1.5 billion. If he fails to repurchase the land by the end of the year, he would transfer the ownership of the said land."
However, in fact, the Defendant did not work together with I who is the owner of the above real estate, and did not pay the purchase price by June 15, 2005, which is the remaining payment date, although the Defendant agreed to sell and sell the above land with I as KRW 100 million.
In such a situation, even if the defendant received the above money from the victim, he was planned to pay the above money to the J or to use the said money for his attorney fee, corporate acquisition fee, other real estate purchase contract amount, and various activity expenses, and thus, he did not have the intent or ability to pay 1.5 billion won to the victim by paying the balance to I, acquiring the full ownership of the said real estate, transferring it to the victim by acquiring the ownership of the said real estate, or
Nevertheless, the defendant deceivings the same victim and is in the position of the victim to settle the above real estate transactions.