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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
1. The Defendant: (a) returned to the real estate brokerage business office in Ulsan-gu, Ulsan-gu; and (b) pretended that he would purchase an apartment normally, paid only the small amount of the down payment to the seller; (c) made the seller of the apartment continuously reside in the apartment after converting the apartment into the lessee of the apartment; (d) reduced the purchase price to be actually paid to the seller; and (e) made the registration of ownership transfer by taking over the documents related to the registration of ownership transfer from the seller, and provided the said apartment as security to the lender as if there is no rent, and then received the loan; and (e) partly of the loan was used as the purchase price to be actually paid to the seller; and (e)
On May 8, 2008, the Defendant entered into a contract to purchase apartment units from the victim E (45 years of age) and the victim F (41 years of age) with the victim's share of 1/2 shares in Ulsan-gu G 108 Dong 302, Ulsan-gu, Seoul-gu, 100,000 won, with the victims "the purchase price shall be KRW 175 million, and the contract deposit shall be KRW 100,000,000,000,000 won and KRW 174 million. The Defendant tried to purchase apartment units with the former and the latter will continue to live in with the transition rate.
The key money for lease on a deposit basis shall be KRW 130 million and the remainder shall be paid KRW 45 million.
The term "the above apartment sales process" refers to the victims' right to claim the return of the rental deposit in the normal course of the above apartment sales.
However, the defendant was expected to offer the above apartment to the borrower as a collateral by registering the right to request the transfer of ownership based on the pre-sale agreement, and to receive a loan of KRW 170 million from the victims, as soon as he received the documents related to the registration of transfer of ownership from the victims.