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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant was known to the victim B from around 2006, and was in de facto marital relationship with C from around 2011.
In addition, D Forest land 6,612С (2,00 square meters; hereinafter “the instant forest”) is the name of E, the Defendant’s living together, but the Defendant is the actual owner, such as managing the forest, obtaining a loan as security, etc. Around October 24, 2012, FF association, the creditor of the instant forest, filed an application for voluntary auction on March 16, 2016 (130,000,000 won in the claimed claim amount), and the appraisal of the forest in the said auction procedure was assessed as KRW 409,94,000 in the said auction procedure.
On July 2016, the Defendant was in the convenience store near G apartment in the middle of Ansan-si in the middle of 2016, and the victim B was owned by the victim B, and the auction procedure is currently in progress.
H For the reason that there are a lot of values in writing, and it is too close to the auction if it is going beyond now.
In order to cancel the auction, if the ownership of KRW 150 million is leased, the ownership of KRW 100,000, which is a half of the forest in question, will be transferred.
“The purpose of “ was to make a false statement.”
However, the Defendant was unable to borrow money from a financial institution, such as a bank, in his name, due to the lack of credit rating, and even if using bonds, it is difficult to repay due to a higher interest rate.
Based on the judgment of the court, the above money was borrowed to the victim by using pro ratas, and the price of the forest of this case was equivalent to KRW 450 million, and the amount of KRW 150 million paid from the injured party was determined to be equal to KRW 150 million, and even if the injured party did not intend to transfer the 100 million out of the forest of this case and actually cancelled the voluntary auction of the forest of this case, it was thought that the forest was provided as security and used again to repay the Defendant’s obligations, and the victim transferred the ownership of KRW 100,000.