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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around March 10, 2005, the Defendant attempted to commit fraud: (a) around March 10, 2005, the Defendant arranged a sales contract under the condition that F will pay a sum of KRW 280 million to the victim E and F, which owns Pyeongtaek-si C and D land (hereinafter “instant land”); and (b) the Defendant will transfer the ownership of the instant land to F under the condition that F will take over the loans to the instant land and interest thereon; (c) if F will bear KRW 280,000,000,000,000,000,000,000,000,000,000,000,000,000, to F will take part in the profit by reselling the instant land; (d) however, the Defendant’s own construction of the instant building on the instant land (hereinafter “the instant building”) in consultation with F in mind that the payment of interest by receiving the building rent was made.
Afterward, F was unable to complete the registration of ownership transfer of the above land under its own name because it did not take over the agricultural loan under the victim's name. At F's request, the victim was willing to set up a collateral of KRW 280 million for securing the victim's purchase price paid by F around October 13, 2006 to F and G joint title corporation G Co., Ltd., the defendant represented by F and the defendant, with the maximum claim amount of KRW 470 million (hereinafter "mortgage of this case"). As the defendant had to pay a creditor H a debt of KRW 30 million around April 2010, he had been able to obtain money by applying for a voluntary auction of real estate with the victim by using the fact that G was set up as a collateral in the above land under the name of F and F.
On April 21, 2010, the Defendant lost a letter of payment for the total construction cost, but the G operated by the Defendant, from the Hyeong-dong District Court of Suwon-si to the above support I.