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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On August 21, 2012, the Defendant was sentenced to a suspended sentence of two years on October 24, 2013, for the violation of the Road Traffic Act (unclaimed Measures) in the Chuncheon District Court's original state support, etc., and the judgment became final and conclusive on October 24, 2013.
From around 2008, the Defendant: (a) from around 2008, opened a “C” office in the Gyeonggi-si; (b) held a housing complex development project in the Yangyang-gun; and (c) sold the site to the purchaser of the electric source
Real estate development business is a person who has engaged in real estate development business, such as trading land on condition that roads will be established in or to the blind.
1. Around September 22, 2009, the Defendant entered into a sales contract with the victim E on the “C” office located in Gyeonggi-gu Gyeonggi-do, Gyeonggi-do, with “F 35,697 square meters,” and agreed that the purchase price shall be KRW 80,000,000,000,000 for the contract date, as the contract date and the intermediate payment shall be KRW 30,000,000 as the down payment and the intermediate payment shall be established, and the remainder of KRW 50,000,000 shall be received at the time of transfer of registration.
On September 22, 2009, the Defendant received 30 million won as down payment and intermediate payment from the victim on September 22, 2009 according to the above sales contract. Therefore, the remainder of 50 million won was paid at the payment date of the remainder, and at the same time, there was a duty to implement the procedure for the registration of transfer of ownership on the land, which is the object of the sale.
Nevertheless, around April 26, 2010, the Defendant violated the above duties and set up a collateral security right of KRW 2.5 billion with regard to the above military F in the name of the Defendant, which included the subject matter of the said sale, in the same Eup as the Defendant, the Defendant, the collateral security holders, and the maximum debt amount of KRW 2.5 billion.
Accordingly, the defendant acquired property benefits equivalent to KRW 30 million and suffered damages equivalent to the same amount from the victim.
2. Fraud;
A. On March 3, 2011, the Defendant committed a crime against the Victim G: (a) KRW 700,00,000 square meters out of H23,307 square meters in the “C” office located in Gyeonggi-si D.