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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[Criminal Power] On November 1, 2013, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud at the Seoul Northern District Court for the same month.
9. The judgment became final and conclusive.
【Criminal Facts】
1. Around January 22, 2013, the Defendant, a de facto operator of D Co., Ltd. and E established for the purpose of selling electronic products, purchased carbon at H, and sold it to the victim’s office located in F 303, Yeongdeungpo-gu Seoul Metropolitan Government, and demanded the victim to offer a collateral from H. As such, the Defendant purchased 29,014 square meters out of 49,808 square meters of forests and fields located in H located in Guri-si, Seoul, with a view to setting up a right to collateral security equivalent to KRW 1.4 billion in the above forest and field at H at the end. However, on the grounds that taxes and sales proceeds for purchasing the forest and field are necessary, if the Plaintiff leased the forest and sold it, then the Defendant paid KRW 300,000,000,000 to the Plaintiff and made a false statement to the effect that the loan will be KRW 300,000,000,000.”
However, in expectation of real estate price gains, the Defendant decided to purchase KRW 29,014 square meters (hereinafter “the instant real estate”) out of 49,808 square meters of forests and fields located in J I in Won-si, and paid to the seller the down payment of KRW 60,100,000 on the date of the contract, and succeeded to the remainder of KRW 1.8 billion (the maximum claim amount of KRW 4,979,000,000) of the collateral security obligation (the maximum claim amount of KRW 4,979,000,000) of the original state agricultural cooperative and the member agricultural cooperative in the business division, which was established in the instant real estate, and paid KRW 232,00,000,000 in the process of purchasing the instant real estate by the Defendant, and thus,
In addition, the victim set the right to collateral security equivalent to KRW 300 million on the part of the victim, but in the case of the defendant, he was the bad credit holder around 2010.