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A defendant shall be punished by imprisonment for one year.
Reasons
Criminal facts
On September 1, 2016, the Defendant was sentenced to imprisonment for one year and six months as a crime of fraud in support of Sungnamgwon of Suwon District Court on September 1, 2016 and the judgment became final and conclusive on November 28, 2016.
1. On January 26, 201, the Defendant in breach of trust against the victim B, in the D office located in Seongbuk-gu, Sungnam-gu, Gwangju-si, Gwangju-si, the Defendant does not take into account that the victim’s number, size, etc. is changed following subdivisions, etc.
Of the instant land (hereinafter referred to as “instant land”), 991.74 square meters were sold in KRW 100 million and the price was paid in full. However, the registration of transfer of ownership was completed when the housing site development is completed on the said land.
Accordingly, the Defendant acquired property benefits equivalent to KRW 100 million and sustained damages equivalent to the same amount as the victim suffered by completing the registration of transfer of ownership of the land sold from July 19, 201 to January 20, 2015 in the third party from July 19, 2011, when the agreed due date for which the victim was not due or impossible to arrive.
2. On May 20, 201, the Defendant, in breach of trust against the victim F, sold 661.157 square meters out of the instant land to the victim at H located in Sung-nam-si G around May 20, 201 and received the price in full at KRW 50 million. However, the registration of transfer of ownership was completed when the housing site development is completed on the said land.
Accordingly, the Defendant had the duty to transfer the ownership of the traded land when the agreed time limit comes or it becomes impossible to arrive, but from July 19, 201 to January 20, 2015, acquired the pecuniary benefits equivalent to KRW 50 million from July 19, 201 and suffered damage equivalent to the same amount to the victim by completing the registration of transfer of ownership of the purchased land to a third party from July 201 to January 20, 201.
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