특정경제범죄가중처벌등에관한법률위반(사기)
[Defendant A] The defendant shall be punished by imprisonment for a year and six months.
[Defendant B] The defendant is decided.
Criminal facts
[criminal power] On January 13, 2011, Defendant B was sentenced by the Seoul High Court to a violation of the Attorney-at-Law Act at the Seoul High Court on January 24, 201, and the judgment became final and conclusive on January 24, 201, and completed the execution of the sentence on July 25, 201.
Defendant
C On August 20, 2010, the District Court sentenced three years of imprisonment for fraud, etc. at the District Court, which was finalized on October 29, 2010.
[2011 Highest 52, 201 Highest 360] (Defendant A, B, C, and D)
1. On May 6, 2008, Defendant A entered into a sales contract (hereinafter “instant contract”) with the victim AC, AD on the aggregate of the nine lots of land in the AE area in the Namyang-si AE area in the presence of Defendant B, C, and D at the AB real estate real estate agent office in the Nam-si, Nam-si, Nam-si.
At the time, Defendant A, including the instant land, had a right to collateral security and provisional seizure of at least 6 billion won in total (3.5 billion won only on the instant land) over the maximum debt amount and claim amount (3.5 billion won only on the instant land), and even if the purchase price was paid KRW 1.5 billion, the Defendants did not have the intent or ability to cancel the collateral security and provisional seizure, etc. established on the instant land until July 6, 2008, which is ten days prior to the remainder payment.
Nevertheless, the Defendants conspired with the victims to arrange the right to collateral security, etc. within two weeks, Defendant C, “The part of the obligation under the name of the wife and the head of the Si/Gun/Gu shall be settled,” and Defendant D, “The part of the obligation under the name of the Republic of Korea may be settled if the land is a natural green belt but is changed to a residential area.” The part of the obligation under the name of the Republic of Korea may be settled,” respectively, and the sales contract shall pay the down payment and the intermediate payment of KRW 1.5 billion on the date of the contract and pay the balance of KRW 50 million on July 16, 2008, and shall be paid on superficies, seizure, provisional seizure, and provisional seizure on the land of this case.