beta
Text
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
[Criminal record] On April 28, 2016, the Defendant was sentenced to imprisonment with prison labor for a two-year term at the Seoul Eastern District Court for fraud and the judgment became final and conclusive on October 29, 2016.
[Criminal facts]
1. On August 26, 2009, the Defendant was delegated with all authority related to the sale and purchase of the said forest land by E, F, G, and H, the owner of the said forest land in Namyang-si, and concluded, on behalf of the said owner, a sales contract with the victim and the said owner for KRW 629,006,40 (the down payment of KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,
Since the above forest is divided and combined, the above 46,208 square meters is located within 140,233 square meters of I forest, the defendant had the duty to implement the procedure for the registration of transfer of ownership to the victim at the same time as the remaining 46,208 square meters.
Nevertheless, the defendant has violated the above duties,
A. On April 20, 2012, in the “K Authorized Brokerage Office” located under the jurisdiction of the Nam-si: (a) sold to L KRW 13,223 square meters of I forest land overlapping with the forest land for the said sale purpose in KRW 150 million; (b) received KRW 150 million of the purchase price on May 4, 2012; and (c) on May 15, 2012, upon completing the registration of transfer of shares at the Namyang-si registry, thereby acquiring pecuniary benefits equivalent to the above purchase price and causing property damage equivalent to the same amount for the victim;
B. On September 2, 2013, as stated in the indictment on November 1, 2013, as of November 2, 2013, it is apparent that the entry is a clerical error as of November 1, 2013, and such correction is made as above (Evidence List No. 19 investigation records No. 336 of the evidence list). The amount of KRW 1480,380,000 among I forest land overlapping with the forest land for the above trading purpose at the Ngju-si Ng-si, Yangyang-si, selling KRW 391,50,000 (a down payment of KRW 35 million, intermediate payment of KRW 35,500,000,000 and KRW 32,150,000,000) from that time to September 2, 2014, by receiving the down payment, intermediate payment and some remainder amount of KRW 152,200,000,00.