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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
1. From December 2010, the Defendant: (a) from around 2010 to purchase forest land to the victim C and develop tin acid, he/she may enjoy enormous profits; and (b) requested the victim C to lend money as land purchase fund; (c) on June 201, the Defendant: (a) in the vicinity of the Jeju Apartment apartment located in 280, Seogu-gu, Seog-gu, Daegu, Seonam-gun, to purchase the land of this case (hereinafter “instant land”); and (d) if 600 million won were to be lent to the victim C with the purchase fund of the instant land 1, then the Defendant would have made a provisional registration under the name of the victim for the purpose of securing the repayment of the obligation after completing the ownership transfer registration; and (b) until then, (c) the Defendant would have borrowed the land 1, etc. of this case as collateral and repaid the principal under a loan of 5 billion won.
However, even if the Defendant received a registration of transfer of ownership under the name of the Defendant with respect to the land No. 1 at the time, the Defendant did not intend to complete provisional registration under the name of the victim, and furthermore, the loan secured by the land No. 1 at the time of the instant case was unlikely to be made because the requirements for the extension of the period for collecting earth and rocks, etc. on December 31, 201, were not met. Thus, even if the Defendant borrowed money from the victim under the above name, it did not have any intention or ability to
As above, the Defendant, by deceiving the victim, received KRW 50 million from the victim on June 27, 201 and KRW 570 million on July 6, 201, in total, KRW 50 million.
2. Furthermore, on September 9, 201, the Defendant had no permission to collect earth and rocks on the instant land from the victim at a mutually influent restaurant near the said main apartment. In order to develop tinsan mountain, the Defendant should purchase the instant land 2 and buildings on its ground, including the land F in the Gyeong-gun, Gyeongnam-gun, the land for which permission to collect earth and rocks is obtained.
30 million won as contract deposit and intermediate payment for the purchase of the second land, etc. of this case.