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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. The victim C is the actual owner of the instant real estate in the name where the registration of ownership transfer has been made in the copy of the register with respect to the third floor of the building on two parcels, including Dongjak-gu Seoul Metropolitan Government D and two parcels (hereinafter “instant real estate”). The victim C is the actual owner of the instant real estate.
Around March 3, 2005, the Defendant: (a) at the G Company’s office located in Gangdong-gu Seoul Metropolitan Government F, the Defendant planned to place an apartment from the partnership to the H building site located in the name of E; (b) in order to join the regional housing association as a member of the Housing Association, the Defendant first prepared a sales contract on the building and land; and (c) around March 30, 2005, entered into a sales contract with the victim and the instant real estate in the name of E to sell the instant real estate to the I Regional Housing Association; and (d) around July 2, 2007, E received a certificate of personal seal necessary for the transfer of ownership from the victim; and (e) completed the transfer of ownership in the name of the I Regional Housing Association on the instant real estate in the name of the I Regional Housing Association on August 2, 2007.
However, even if the defendant transferred the ownership of the real estate of this case from E in the name of the partnership, he did not intend to have the victim as a partner.
The Defendant, through the above methods, by deceiving Victim C through E, had the I Regional Housing Association acquire the ownership of the instant real estate in an amount equivalent to KRW 320 million in the market price owned by the victim.
2. On May 9, 201, the Defendant against the victim J was expected to start the construction of the I Urban Residential Housing Construction before June 30, 2012 by the victim J at the office of the I Regional Housing Association in Dongjak-gu Seoul Metropolitan Government Office of K building 1403. The Defendant talked about the I Urban Residential Housing Construction by the victim J (the State)’s auditor.