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Defendant
A shall be punished by imprisonment with prison labor for a year and six months.
Defendant
A Of the facts charged in the instant case against A, November 6, 2013, 17.
Reasons
Punishment of the crime
On November 13, 2008, Defendant A [criminal records] was sentenced to imprisonment for a crime, etc. on November 13, 2008, and completed the execution of the sentence on March 20, 2012 at the port prison on March 20, 2012.
[2] On March 1, 2014, the Defendant: (a) purchased H forest from the victim G to KRW 150 million at the “F office located in Suwon-gu, Daegu-gu; and (b) agreed that the Defendant would take over the Defendant’s obligation for the secured debt (the maximum amount of KRW 96 million) established on the forest; (c) provided that the Defendant would not pay the Defendant any balance of the principal; and (d) provided that the Defendant would lend KRW 50 million from the lending company as security the forest as part of the amount of KRW 50 million; and (e) provided that the Defendant would first transfer the ownership of the forest by paying the expenses for the creation of the right to collateral security, the expenses for the registration of the transfer of ownership, the fees for certified judicial scrivener, etc. as part of the amount of the forest as part of the said money, the Defendant would be paid KRW 30 million,000,000,0000 to the lending company with the authorization of the forest development within three months
“.....”
However, in fact, from around 2010, the Defendant was bad credit standing and did not have any special property at the time, and the monthly income did not exceed 1.8 million won, and did not fully examine whether it was possible to develop the above forest land in advance. Since the Defendant was planning to offer the above forest land as security and borrow money additionally from a third party other than the bank, the Defendant did not have any intent or ability to pay in full the balance, such as repayment of the loan and payment of additional money to the victim, even if he received the ownership of the forest land from the injured party.
The defendant deceivings the victim as such, and causes the same damage to the victim.
4.2. The registration of the transfer of ownership of the forest above 150 million won at the market price owned by the injured party was made in U’s name.
"2015 Highest 736 x Defendant A" - Defendant A met the victim I at an influence place on September 2013.