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A defendant shall be punished by imprisonment for not less than five months.
Of the facts charged in the instant case, the fraud of September 13, 2006 is not guilty. It is so decided as per Disposition.
Reasons
Punishment of the crime
[criminal power] On December 28, 2011, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. at the Jung-gu District Court on May 5, 201, and the said judgment became final and conclusive on May 5, 2012, and completed the execution of the said punishment on December 26, 2012.
[Basic Facts] Around December 26, 2006, at the real estate brokerage office located in Gyeonggi-gun, Gyeonggi-do, the Defendant purchased from D the total amount of KRW 1319 square meters, ② F field 846 square meters, ③ G forest 3,074 square meters, ④ 1,537 square meters, ⑤ 10,235 square meters, ② J forest 3,144 square meters, and 727 square meters in J forest 151,527 square meters, and ② The Defendant purchased the intermediate payment of KRW 90 million on the date of entering into a contract, and the intermediate payment of KRW 250 million on February 9, 2007, and KRW 646 million on April 10, 2007.
On the other hand, as the purchase fund for the above land is insufficient, the Defendant recommended the joint purchase of the above K land to the victims including the victim L, and received the purchase fund from the above parties, such as inducing them to jointly purchase the above K land, allowing them to transfer their shares in their names, and receiving KRW 50 million from the victim L with the price.
D) On December 26, 2006, upon the Defendant’s request on December 29, 2006, D received the down payment of KRW 90 million from the Defendant, and on December 29, 2006, upon the Defendant’s request, D completed the registration of transfer of ownership in the name of M as to each of the above lands, M as the Defendant’s wife, ② G, H land in the name of the Defendant’s wife, ③ J land in the name of the Defendant’s wife, ③ J land in the name of the Defendant’s wife, ④ for K land in the name of the victim L, etc., and the Defendant completed the registration of transfer of ownership in the future as to E, F, I, and K land in each of the above lands in order to guarantee his obligation to pay intermediate payment and remainder.
【Criminal Facts】
When the Defendant received a payment demand from D due to the failure to pay any balance under the above sales contract, the Defendant shall, on August 2009, cancel the registration of transfer of ownership with the victim L around August 2009.