Text
A defendant shall be punished by imprisonment for not less than three years and six months.
The request of the applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
1. Crimes against victims H;
A. (i) On October 19, 2009, fraud I, around October 2005, demanded the victim to purchase the purchase price of 100 million square meters in Seogpo-si in Seopo-si in Jeju-do, Seopo-do. On or around October 19, 2005, JJ 1,198 square meters as KRW 100 million. On or around December 2008, the victim did not change the land price in Jeju-do.
At the same time, by soliciting investment in apartment in Seoul, 50% of the shares in 4-dong 1316 of the Dongdaemun-gu Seoul apartment owned by the defendant is acquired by the victim, and the victim transferred the above site in Jeju-do to the defendant, additionally paid KRW 100 million, and entered into an exchange contract to acquire KRW 25 million out of the debt of the above K apartment loan and rent deposit.
On January 21, 2009, the victim paid KRW 100 million to the defendant according to the above exchange contract, and acquired the above loan obligation, etc., and completed the registration of the right to request the transfer of ownership in the name of the above K apartment on January 21, 209.
On October 2009, the Defendant, through I, obtained consent from the injured party, by stating that “The Defendant would change the lending bank to a low interest rate for the lending, and the right to request the transfer of ownership under the above I is required to cancel the registration, and immediately after the change of the lending bank, the right to request the transfer of ownership under the name of I would be registered.”
However, as at the time of the change of the lending bank for the above K apartment, the Defendant was in need of money in order to create a forest as a natural recreational forest, etc., and thus, the Defendant was thought to borrow money from others and offer the above K apartment as security before changing the lending bank for the above K apartment.
The Defendant, by deceiving the victim, had the victim cancel the registration on October 19 of the same year on January 21, 2009, the right to request the transfer of ownership in the name of I, which was made on January 21, 2009.
The Defendant in breach of trust on November 2, 2009, July 5, 2010, July 26, 201, and July 28, 201, respectively, shall make a provisional registration under the name of I as stated in the foregoing (i).