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A defendant shall be punished by imprisonment for four years.
Of the facts charged in the instant case, fraud against the victim B (the second half of 2017 order 5798)
Reasons
Punishment of the crime
[Criminal record] On January 13, 2017, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud, etc. at the Seoul Northern District Court on June 201, and the judgment became final and conclusive on July 28, 2017.
[2017 Highest 1388]
1. The facts of the basis for fraud (1) related to a real estate exchange contract are the owner of the land ten parcels of land in Pyeongtaek-gun, Gyeonggi-do (hereinafter “instant land”). From October 11, 2012 to May 27, 2013, C established three joint collateral security loans with a total amount of KRW 994.5 million on the instant land between October 11, 201 and May 27, 2013, and completed the development project for the instant land with the funds. On September 201, 2014, D, E, F, G, H, I, K, K, K, K, L, L, and M’s acquisition of collateral security obligations on the instant land and payment of the difference between the market price and secured debt. The Defendant filed a claim for the registration of ownership transfer under the name of P, etc. on October 16, 2014.
(2) According to the above circumstances, the Defendant: (a) was holding the registration of the right to request the transfer of ownership of the instant land; (b) was committed as if he paid the purchase price in full; and (c) was aware that he was the owner of the land in which the development project is being carried out by selling the instant land; and (d) was aware of the acquisition of the property by means of selling the land in installments by
On the other hand, around November 6, 2014, the Defendant entered into a real estate exchange agreement with the victim who became aware of the introduction of T in the “S” restaurant operated by the victim R in Q in Seoul Gwangjin-gu, Seoul, and received KRW 25 million from the damaged party as the down payment. The victim revoked the contract and accepted the contract.