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A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2014 Highest 4792"
1. On August 14, 2009, the Defendant made a false statement that “In the office of the victim D’s operation in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, the Defendant sold 30 million won as the down payment to the Party 402, Hae-Ba, Hae-Ba, and 502 as the down payment, the Defendant sold 30 million won as the down payment to the Party Hae-gu, Incheon, the Defendant would lease 502 to the Party Hae-si.”
However, in fact, the Defendant did not have been delegated by G with the right to sell or lease, as it was not known to G as the owner of HPD, and there was no intention or ability to sell or lease HPD to the Defendant, even if he received money from the victim, even if he requested the sale of the said HPD to the Defendant, or any of the JJ that requested the Defendant to sell the said HPD, no one was delegated with the right to sell or lease the said HPD).
(1) The Defendant, in fact, had the victim paid most of the money as follows, used it for personal purposes, such as operating expenses of the company and repayment of debts. Nevertheless, on August 13, 2009, by deceiving the victim as above, the Defendant received KRW 16 million in total from the victim under the name of the Defendant’s name for the purpose of the contract deposit of KRW 402, 500,000 under the name of the lease contract of KRW 502,000,000 under the pretext of the contract deposit of KRW 502, and acquired KRW 30,50,000 in total under the pretext of the balance of KRW 502 from August 14, 2009.
2. On August 26, 2010, the defrauded concluded on August 16, 2010, that “Around August 16, 2010, the Defendant would sell 20 million won as a down payment to the N apartment operation 204, which is located in Incheon L,” at the place indicated in paragraph 1, and “I would sell 20 million won as a down payment.”
The defendant.