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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
"2013 Highest 2932"
1. On October 201, 201, the Defendant stated that “The Defendant issued KRW 210,000,000 to the victim F and the victim G by granting KRW 200,000 to the purchase price of HH forests and fields in the name of the first instance after winning a successful bid for the said forest in the name of the first instance, so that the victims may perform construction by transferring the land adjacent to the road to the victims of the said land.”
However, the facts revealed that the Defendant did not obtain consent to the division of land from other co-owners of the above forest and field, and that the part promised to move to the victims is more valuable than the other parts of the above forest and field, thereby making it difficult for other co-owners to deliver the agreed part to the victims even if they agreed to the division of the forest and field.
Nevertheless, the Defendant deceiving the victims as above, and received 30 million won as contract deposit from the real estate office of the above Defendant on October 201 from the victims. On December 6, 2011, the Defendant received 180 million won as the remainder in the Busan District Court’s Branch Branch Branch of the Seocheon-gu, Seocheon-gu, Incheon District Court on December 6, 201, and acquired 210 million won in total.
"2014 Highest 1169"
2. On December 11, 2012, the Defendant made a false statement to the effect that “The Defendant would return the purchased land to the victim L, who was aware of his knowledge of his knowledge, if the funds for the purchase of M forest are short of 20 million won, then he would cover the land purchased, and return the interest within the month of his sale.”
However, on the grounds that there was no particular income or property at the time, but there was little possibility of recovery, etc., the Defendant not only did it lack the ability to pay KRW 186 million for the total purchase price of the forest above.