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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
The Defendant is the actual operator of C, and D was delegated with all of the rights to sell the land to the victim FF and two parcels of land when the victim was free from the victim’s own, as the children of the victim E.
On May 31, 201, the Defendant: (a) purchased the above land owned by the victim; (b) newly built an officetel; and (c) purchased D and the above land at H real estate office located in G in G around the following occasions on May 31, 201 to purchase KRW 730 million in total; and (d) paid KRW 360 million in part by receiving a loan as security after acquiring the ownership of the above land from the damaged person; and (c) paid KRW 200 million in total at the time of completing an officetel.
After concluding the above contract with the victim, the Defendant additionally purchased the J land in the aggregate amount of KRW 650,000,000,000,000,000,000,000,000,000,000,000,000,000 won, which was owned by the victim and I as collateral, for the construction of officetels, and the remainder was considered to be appropriated for the construction cost.
However, the Defendant came to know in advance that approximately KRW 1 billion was loaned through the employee in charge in the course of receiving a loan consultation on the above land. Accordingly, the Defendant was aware that the Defendant received a loan of KRW 1 billion and paid KRW 650 million as the purchase price for the land owned by I, and that if the remainder of KRW 350 million is appropriated for the construction cost, the part payment cannot be paid to the victim in full.
In addition, even if the new construction of the instant officetel requires the amount of KRW 5.67 billion for the total construction cost ( KRW 1.388 billion for land purchase, KRW 4.29 billion for building construction cost), there is a lack of economic circumstances to the extent that the Defendant would not pay the unpaid tax amount of KRW 5,337,00 at that time, and there is no other way to raise the construction fund.