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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On October 13, 2008, the Defendant: (a) drafted and authenticated a written statement to the victim C, a divorced wife, that “A waives the ownership and all rights to the 1,772m2m2 in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sung-gu, Sung-gu, Sung-gu, Sung-gu, Seoul, and that C shall have all rights; and (b) provided, however, that the Defendant created a right to collateral security of KRW 100 million for the said land on the same day, instead of completing the registration of ownership transfer in the name of the victim to reduce the tax to be imposed if the land is to be expropriated in the future.”
1. Around October 24, 2008, the defrauded stated that “Around October 24, 2008, the Defendant would transfer this piece of land to the victim with a high interest rate, and the interest rate on the right to collateral security is low, and the interest on the right to collateral security is paid well, and the right to collateral security can be easily transferred because the right to collateral security is well stored in this piece of land.”
However, even if the victim had cancelled the right to collateral security on the above land, the defendant did not intend to transfer the ownership of the above land to the victim.
As above, the Defendant, by deceiving the victim, had the victim cancel the above right of collateral security on October 24, 2008, obtained pecuniary benefits equivalent to KRW 100 million.
2. As above, the Defendant in breach of trust has decided to donate the above land to the victim of Sungnam-gu Seoul Special Metropolitan City as collateral, and thus, in violation of the duty not to offer or dispose of the said land as collateral, the Defendant breached the duty to do so. On October 12, 2010, the Defendant set the right to collateral security of KRW 120 million with respect to the said land to the National Agricultural Cooperative Federation, and on May 2, 201, set the right to collateral security of KRW 60 million with respect to the National Agricultural Cooperative Federation. On August 11, 2011, the Defendant sold the said land to E with the said land KRW 60 million, and sold the said land to E prior to its preparation.