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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
The Defendant, the representative director of D Co., Ltd., completed the trust registration on July 13, 2010 on the 8th floor (801) of the building in Ulsan-gu E, Ulsan-gu, which was originally registered in the name of D Co., Ltd. on July 13, 2010, by taking the trustee as the land trust company for D Co., Ltd. and the first beneficiary as the mutual savings bank for D Co., Ltd.
On March 7, 2014, the Defendant: (a) concluded a sales contract with the content that the said E building is sold to the said victim at the purchase price of KRW 800 million; (b) concluded on March 7, 2014; (c) on the same day from the damaged person, the Defendant met the Victim H at the G Authorized Brokerage Office located in Ulsan-gu Seoul Metropolitan Government F, Seoul Metropolitan Government Office; and (d) on April 30, 2014, the trust of the land trust company with respect to the 8th floor of the E building, which was established by April 30, 2014.
3. 18.3 million won is paid as down payment; and
3. 28. 30 million won, respectively, paid as part payments;
However, in fact, since from the beginning of the beginning of 2012, from around August 2012, the public auction procedure was underway for E building 801 on the part of the land trust in Korea from around August 2012, it was difficult to terminate the trust registration and transfer ownership of E building 801 without the consent of the mutual savings bank in the whole or in part of the above loan obligations, and as such, it was impossible to obtain the consent to the termination of the trust registration from the mutual savings bank on March 20, 201 because the trust registration could not be terminated and the ownership of E building could not be transferred without the consent of the bank. Therefore, even if the sales contract for E building 801 was concluded and the down payment and the intermediate payment were received, it was in the state that the victim
Nevertheless, the defendant deceivings the victim and 380,000,000 won.
Summary of Evidence
1. Statement by the defendant in court;
1. The statement of H in the suspect interrogation protocol against the defendant 1.