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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On June 10, 2011, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for a crime such as fraud at the Incheon District Court, and the judgment became final and conclusive on June 18, 2011.
[2013 Highest 3187]
1. Around January 11, 2010, the Defendant made a false statement to the victim that “The right to sell commercial buildings for business compensation following the relocation of the household distance has been secured” at the E, etc. sales store of the victim D in Seo-gu Incheon, Seo-gu, Incheon. The Defendant would allow the purchase of the right to sell commercial buildings.”
However, the defendant did not have the intent or ability to purchase the right to sell the apartment street shopping mall, and it was thought that the defendant received money from the victim for the purchase price of the right to sell the commercial street and used it for the personal purpose,
Nevertheless, on January 29, 2010, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 5,000,000 to the post office account under the name of the Defendant as the down payment for commercial buildings around January 29, 2010; (c) received KRW 500,000 as the brokerage commission around February 10, 201; and (d) received KRW 26,50,000,000 from the said post office account as the intermediate payment on March 25, 2010.
2. On May 14, 2010, the Defendant made a false statement to the victim that “I may purchase a lot of commercial buildings with a lot of purchase, which would be more than one lot of purchase.”
However, as above, the Defendant did not have the intent or ability to purchase the right to sell the apartment street shopping mall, and was thought to use the right to purchase the commercial street for personal use, such as living expenses, by receiving money from the victim.
Nevertheless, the Defendant, by deceiving the victim as above and deceiving it from the victim, KRW 3,000 to the above post office account as contract deposit around May 14, 2010; KRW 17,500,000 to the same account as the place of intermediary commission and intermediate payment around the 17th of the same month; and KRW 32,500,000,000, as the remainder, around October 1, 2010.