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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
[Criminal Power] On October 14, 2010, the Defendant was sentenced to four months of imprisonment for fraud, etc. at the Seoul Central District Court, and on February 8, 2011, the Seoul Central District Court terminated the enforcement of the sentence.
【Criminal Facts】
The Defendant purchased the land on the ground of “baccine purchaser” and, after receiving the money as a collateral, borrowed the land to collect a street, and displayed the subject land through various paths, selected the land as the subject land for the crime of the Victim C-owned Gyeonggi-si and E.
Around October 2, 2011, the Defendant: (a) at the office of G Licensed Real Estate Agent (FF building 112), the G Licensed Real Estate Agent (FF building 112), the Defendant: (b) expressed the victim’s intent to purchase the said land in advance; (c) paid KRW 10 million as a provisional contract deposit; and (d) purchased the said land in advance between the victim and the victim on the ground of I, who is the temporary purchaser (the temporary purchaser) around the 15th day of the same month, on the ground that he/she was the temporary purchaser; (d) paid KRW 850 million as the down payment; and (e) paid KRW 40 million as the down payment immediately after the conclusion of the sales contract; and (e) paid KRW 80 million as security to the said land owned by the victim and received KRW 750 million in the said I’s name; and (e) concluded a sales contract by adding KRW 50 million to the said loan.
However, as above, the Defendant did not have a genuine intent to purchase the land owned by the victim from the beginning, and even if the Defendant borrowed the above KRW 750 million, there was no intention to repay the loan.
The Defendant, by deceiving the victim, caused the victim to set up a collateral security equivalent to the loan amount on the above land from In Doca Doca, Doctrine, Inc., and had the victim bear the guarantee liability for the loan obligation, and acquired it by borrowing KRW 750 million in the above I’s name.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol of suspect examination of the police officer regarding I;
1. Each police statement to J (No. 5,40)
1.C.