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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
On July 2007, the Defendant: (a) set up a mortgage on the maximum debt amount of No. 481 million won in Ulsan-gun, Ulsan-gun (23,562m2) with C; (b) obtained the said forest by obtaining the loan; (c) had the said loan interest in arrears; and (d) had economic difficulties such as the seizure of the said forest due to having failed to pay tax on about 48 million won; and (c) had purchased the said forest and fields, the purchase of the said forest and fields would result in the development of the forest and bring about many profits.
On December 24, 2010, the Defendant stated that “The victim G, who was introduced through F, was entitled to KRW 600,000,000 upon purchasing KRW 30,000,000 for KRW 125,290,000,000 for KRW 12,5290,000,000,000,000 for KRW 5,000,000,000,000 for KRW 12,529,000,000 for the remainder, will immediately cancel the registration of the establishment of the right to collateral security.”
However, the above forest land has been developed since 2005, but there was no outcome, and there was no possibility of the date of permission for development within one year. The above forest land has already been financed by 253,302,693 won to YCCF, and the tax amount of KRW 48,613,010 has been overdue and seized. Therefore, even if the purchase price is paid from the victim, there was no ability or intent to cancel the registration of establishment of collateral security of the above forest land.
On December 24, 2010, the Defendant obtained a total of KRW 5 million from the victim, KRW 35 million on December 31, 201 of the same month, KRW 85.29 million on January 5, 201, and acquired it by defrauded three times, including KRW 125.29 million on December 5, 201.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the examination of the accused by the prosecution (including G statements);
1. Application of Acts and subordinate statutes to a real estate sales contract, certificate, and undertaking certificate;
1. Article 347(1) of the Criminal Act applicable to the crime