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Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by a fine of two million won.
Defendant
B The above fine shall not be paid.
Reasons
Punishment of the crime
"2018 Highest 940"
1. Defendant A
A. On June 30, 2015, the Defendant entered into a sales contract with the victim D and the victim’s land and the first floor E at Seo-gu, Seowon-gu, Seowon-si, Seowon-si, Seowon-si, Seoul, with a purchase price of KRW 297 million. The Defendant agreed to pay the down payment of KRW 150 million by borrowing the said land and housing as collateral, and the intermediate payment of KRW 47 million by November 30, 2015, and the remainder of KRW 100 million by March 31, 2016.
In addition, the Defendant made a false statement that the above victim would sell and offer the F land of the reasonable district of Cheongju, which was owned by the said victim in the name of Cheongju.
However, the Defendant did not have certain incomes at the time, and the officially assessed individual land price is merely equivalent to KRW 24 million. Since the land price was a land with a maximum debt amount of KRW 56 million, the Defendant did not have the ability to prepare the intermediate payment and the balance, even if selling the land.
Ultimately, the Defendant, by deceiving the victim as such, obtained the ownership transfer registration of land and housing equivalent to KRW 297 million at the market price from the victim around June 19, 2015, and acquired the pecuniary benefits equivalent to the same amount.
(b) No person who violates the Act on the Registration of Real Estate under Actual Titleholder’s Name shall register any real right to real estate under the name of the title trustee;
around June 2015, the Defendant 1-A.
In purchasing the land and housing in Seo-gu, Seo-gu, Seowon-si from D from Cheongju to 290,000,000 won, if the ownership transfer registration is made under the name of the defendant with respect to the above real estate, there is a concern that the seizure for collecting delinquent national taxes, etc. will be made, and the registration of ownership transfer is made in the name of Dong-gu, Seo-gu, Seo-si, Seo-si, Seowon-si.