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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[2014 Gohap1295] A correction or correction was made according to the facts obtained through the examination of changes in indictment without any procedures to the extent that it does not disadvantage the defendant's defense right.
- The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim E, and the defendant, in collusion with G which was entrusted with the civil litigation against the F clans real estate owned by the F clans, intended to deceive the victim E who was trying to plant the trees he managed in the forest, etc. among the real estate
1. On October 25, 201, the Defendant acquired money in the name of the purchase price, the Defendant made a false statement to the victim E from the 7th floor of the Shincheon-dong department store, Dongjak-gu Seoul Metropolitan Government, stating, “Although there has been a dispute between the clans over the 600,000 square meters of the land located in Macheon-si, the Supreme Court’s final judgment has been rendered in the F clan name.” On November 7, 201, the Defendant drafted a sales contract on the seller I, buyer, E, the purchase price of KRW 30,000,000,000,000 of the subject matter of the sale.”
However, since there was a dispute between K, G and the members of the above clan at the time, and the defendant was not authorized to sell the land from the above clan, the defendant did not have the intent or ability to purchase the land, etc. on the sales contract prepared with the victim among the land owned by the above clans.
Accordingly, the Defendant, by deceiving the victim, received KRW 20 million as the down payment for the above land on November 7, 201 from the victim, and acquired it by deceiving the victim seven times from around that time to November 24, 201, such as the list of crimes (1) in attached Form 1.
2. On December 2, 201, the Defendant shall obtain money from the president and executive officers of a clan through a mobile phone from the victim at an influence place.