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A defendant shall be punished by imprisonment for four months.
The request of the applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
[criminal records] On April 28, 2016, the Defendant was sentenced to two years of imprisonment for fraud at the Seoul Eastern District Court, and the above judgment became final and conclusive on October 29, 2016.
[2] The Defendant entered into a contract to purchase forest land E from around August 2008 with D, etc., but was delegated with all rights related to the sale and purchase of forest land as seen above D, etc. without obtaining ownership transfer due to the failure to pay the purchase price in full.
On August 19, 2013, the Defendant: (a) at an authorized brokerage office located in the F in Namyang-si, Namyang-si, the Defendant would divide the victim G into ownership by specifying the victim’s 9,918 square meters of forest E 140,233 square meters; and (b) made a false statement with the intent to immediately cancel the registration of provisional disposition under the H’s name on the said forest; and (c) concluded a sales contract with the victim for the said forest.
However, on April 20, 2012, the Defendant: (a) sold 13,223 square meters of forest land in E, E, 140,233 square meters and completed the registration of co-owners’ transfer; (b) around August 26, 2009, the Defendant sold 46,208 square meters of forest J. 383,791 square meters to H to 629,006,40 square meters of land division and ownership transfer before the remainder date; (c) on February 22, 2012, H did not perform the registration procedures for land division and ownership transfer; and (d) filed a registration of disposal of 140,233 square meters of forest land in E, where he purchased the forest land in question on February 22, 2012; and (e) filed a lawsuit against H to the said part of the claim for ownership transfer on March 25, 2013.
In addition, even if the Defendant received forest payments from the injured party, he had to pay the purchase price to D et al. with the original owner of the forest of this case. At the time, there were debt KRW 500 million and debt KRW 200 million with respect to Saemaul Treasury, etc., but there was no particular income or property, and thus, the Defendant sold the forest of this case to the injured party.