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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On July 12, 2013, the Defendant was sentenced to two years and six months of imprisonment for fraud at the Seoul Central District Court on July 12, 2013, and the said judgment became final and conclusive on December 21, 2013.
C The land purchaser and the Defendant agreed to obtain a loan from the bond company by taking advantage of the fact that the land is offered as security by approaching the person who intends to sell the land as a real estate broker and paying the purchase price for the land, and if the purchaser fails to pay the purchase price, he would be able to terminate the security at any time.
On March 7, 2012, the Defendant was aware that the victim D intended to sell a dry field E in Yang-si, one owned by the Defendant, with the knowledge of the fact that the victim D intended to sell a dry field E, a real estate intermediary, and paid the down payment and the balance after receiving a loan if it is difficult to purchase the land first provides the land as security. If it is not paid the purchase price, C would make documents to cancel the right to collateral security at any time. On March 7, 2012, at the office of “G real estate” located in Yang-si, Yangju-si, that the victim would purchase the said real estate for the purpose of the warehouse of the company it operates, and requested the victim to purchase the said land as collateral, and thereafter, it would have the victim enter into a sales contract for H and the said land with the purchaser, and the Defendant would have the victim deliver the documents necessary for establishing the right to collateral security on the said land, and by using this, the Defendant created the right to collateral security on the said land under the name of H 100 million won.
Accordingly, the defendant, in collusion with C, had the victim provide security for the above 180 million won obligation, thereby having the victim acquire property profits equivalent to the same amount.
Summary of Evidence
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