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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On July 1, 2010, the Defendant purchased the land located in D Art Gallery E and F in D Art Gallery’s office located in Dalleju City, and recommended the purchase of surrounding land in Dalle Art Gallery’s office to purchase Dalle Art Gallery’s surrounding land, and concluded a real estate sales contract with the victim F and the purchase price of KRW 60 million for 150,000 among Dalle Art Gallery’s land, and for 200,000,000,000 won among the same land.
At the time, G’s owner was J, and the Defendant purchased the above land and agreed to transfer 150 square meters among them to E, and 200 square meters among them to F. According to the above sales contract, the Defendant received the remainder of KRW 40,50,000,000 from the victim E to receive the intermediate payment of KRW 13.5 million on July 9, 2010, and the intermediate payment of KRW 13.5 million on August 30, 2010, and KRW 13.5 million on September 30, 2010, the Defendant received the remainder of KRW 18,000,000 from the victim F to receive the intermediate payment of KRW 18 million on July 9, 2010, KRW 18 million on August 30, 2010, and KRW 200,000,000 from the victim F to receive the intermediate payment of KRW 5,500,000,00.
Nevertheless, on March 29, 2011, the Defendant took out loans of KRW 150 million from the public agricultural cooperative of the Jeju Special Self-Governing Province, in violation of the foregoing duties, and completed the registration of establishment of a mortgage on the land above as well as the land equivalent to KRW 195 million with the maximum debt amount of KRW 150 million.
Accordingly, the Defendant acquired property benefits equivalent to the maximum debt amount and sustained damages equivalent to the same amount to the victims.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and F;
1. Application of Acts and subordinate statutes to a real estate sales contract, a land sales contract, a copy of a bankbook, a full certificate of registered matters, and a full certificate of liability;
1. Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense;
1. Commercial concurrence;