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Defendant
A Imprisonment with prison labor of one year and six months, and one year, and six months, and six months, respectively.
Reasons
Punishment of the crime
[2011 Highest 1420]
1. Defendant B and C delegated the right to dispose of the instant forest land Nank-gun Nank-gun Nank-gun, G, which was introduced from L, both of which were known to the general public, to M, and M re-entrusted to A, who was known to the general public. The method of disposal was that: (a) the owner of the instant forest land was the debtor in the high seas so that the purchaser can settle a prior mortgage; and (b) the owner was supplied with the goods as security and paid KRW 300 million for the purchase price of the forest land.
A was introduced by the Defendants during the process of identifying the purchaser of the forest and field through O (Death on March 21, 201).
On November 12, 2009, the Defendants entered into a sales contract with A on the instant forest at the Yangcheon-gu Seoul coffee shop. The contents of the contract are as follows: “O (O’s preparation of a sales contract stating that the O would be liable for the payment of KRW 300 million and that the seller would receive money from the Defendants under the O’s responsibility, and that the seller would receive money from the Defendants, and the buyer would trade the instant forest with “Defendant B and Q” (Defendant C’s living together with the Defendant Q, signed and sealed by the buyer on behalf of the buyer) with the seller at KRW 300 million; however, the purchase price was to set up a right to collateral security amount of KRW 40 million with the maximum debt amount, which the Defendants would be the mortgagee of the said forest, and to pay the proceeds from the sale of the said forest with the proceeds that the Defendants would receive from the supply of a swine machine as security.
However, the Defendants did not have any intent or ability to pay KRW 300 million within one month of the purchase price of the said forest land even if the said forest land was supplied with the swine machine as security.
The Defendants, in collusion with theO, induce the victim to set up a right to collateral security of KRW 400 million with respect to the forest land owned by the victim.