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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal Power] On January 29, 2008, the Defendant was sentenced to three years of imprisonment for fraud at the Seoul Central District Court, and was released on December 24, 2009 by the Seoul Southern Prison on parole on December 24, 2009 and the parole period expired on April 18, 2010.
【Criminal Facts】
1. On July 20, 201, the Defendant concluded a sales contract with the victim of the following day, stating that “The Defendant would sell the instant real estate E (hereinafter “the instant real estate”) at KRW 300 square meters and KRW 223.5 million of the site and complete the construction of the building until October 30, 201.” The Defendant concluded the sales contract with the victim of the following day.
However, in fact, the issue of whether the instant real estate could be a sloped building permit date, and the plan was planned to sell the instant real estate only for gardening purposes when selling buildings in Gyeonggi-gu F and G, and the operator of a joint business proprietor H opposed to the sale of the instant real estate for the said reason, including the instant real estate, for example, the Defendant could not complete an agreement with the victim, as agreed upon with the victim by October 30, 201, such as the acquisition of the building permit, new construction of the instant real estate, completion construction of the building, and acquisition of completion permission.
Around July 21, 2011, the Defendant acquired 74.1 million won, including KRW 45 million, and KRW 29,100,000,000,000, from the victim, via the Agricultural Cooperative Account (Account Number:K) in the name of J Certified Judicial Scriveners and the corporate bank account (Account Number: M) in the name of L.
2. As above, the Defendant entered into a sales contract for the instant real estate and buildings on the said ground with the said D, and caused the said D to transfer the land price of KRW 45 million to the said Nonghyup account under the name of the judicial scrivener of J, and requested the said D to deliver the sales contract form entered into with N in the office of the judicial scrivener entrusted with the registration of transfer of ownership on the said land.