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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
On January 7, 2015, the Defendant was sentenced to a suspended sentence of one year and two months of imprisonment for fraud, etc. at the Busan District Court on January 15, 2015, which became final and conclusive on January 15, 2015.
In order to operate the restaurant "C" around September 3, 2010, the Defendant entered into a sales contract with D on No. 1401 of the 14th floor of the 14th floor of the building B in Busan (hereinafter "the instant commercial building"), and around October 12, 2010, the Defendant paid D total amounting to KRW 8170 million on condition that D succeeds to the loan obligation of Han Bank Co., Ltd. (S.) around October 12, 2010, and completed the registration of the ownership of the instant commercial building under the name of the Defendant.
Since the Defendant succeeded to the obligation of KRW 570 million around October 27, 2010, the Defendant entered into a real estate trust agreement with the truster, trustee, Han Bank, Han Bank, first priority beneficiary, and Han Bank, first priority beneficiary Co., Ltd. on the instant commercial building and completed the registration of ownership transfer on the ground thereof. Thus, the Defendant could not establish the right of lease, lease on a deposit basis, etc. against the victim F unless he/she gave prior consent of Han Bank, a trustee.
Since March 2011, as the Defendant had been operating in the instant commercial building from around March 201, closed down the business due to a business depression, the Defendant recommended the victim to purchase the instant commercial building from around April 201.
1. On July 26, 2011, around July 26, 2011, the Defendant made a false statement to the victim that “Around July 26, 2011, the Defendant would provide the victim with all kinds of equipment installed in C and pay the remainder KRW 70 million in one month, as the money is required to operate the so-called factory in Jeju-do.”
However, the defendant has been in an internal relationship with I, the above money.