사기등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant of "2016 Highest 2986" is a person who operates a stock company E (hereinafter referred to as "stock company") except for the first indication.
On February 20, 2013, the Defendant: (a) concluded a sales contract with G Authorized Broker Office in the Jeju-si, the victim H-owned building (hereinafter collectively referred to as “instant real estate”) at the G Authorized Broker Office in the Jeju-si; (b) concluded a sales contract of KRW 340 million with respect to the land ownership in the name of E; (c) the Defendant subrogatedly repaid the amount of KRW 200 million, which was created on the land at the same time as the ownership of the land was transferred; and (d) agreed to transfer the ownership of the completed building equivalent to KRW 140 million for the remainder of the sales price to the victim after the completion of the building.
However, at the time of fact, E had a corporate debt amounting to KRW 1.3 billion, and the Defendant thought that the land would be borrowed and used all the construction cost from the third party as collateral even if the land ownership is transferred to the victim in a state where the construction cost cannot be prepared because there is no particular property.
In addition, the defendant could sufficiently anticipate that he could not repay the construction cost that he borrowed because of a large amount of debt at the time, so there was no intention or ability to transfer the ownership of the building after completion to the victim.
Nevertheless, on February 20, 2013, the Defendant: (a) taken over the registration of transfer of ownership in the name of E with respect to the above land from the victim by deceiving the victim as above; and (b) obtained pecuniary benefits equivalent to KRW 340 million.
The Defendant, around April 2014, decided to acquire and complete the urban studio-type apartment (K; hereinafter “instant building”) newly built by J in Jeju-si around April 2014 to the former owner L to sell it.
On May 23, 2014, the Defendant entered into a contract for construction works with L and building, with M & M & M & M & M & M & the contract is accepted. The construction cost is KRW 1.288 billion.