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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
Around December 28, 2012, the Defendant purchased 92/19638 shares in the amount of KRW 1653/19638, out of the shares in D Forest in Gangwon-gun, Gangwon-do, which was owned by the Defendant, in the name of the Defendant, and completed the registration of ownership transfer under the name of the Defendant. However, on March 2013, the Defendant demanded the Defendant to return the above land to the victim. The victim demanded the Defendant to return the purchase price, which was around March 25, 2013, around March 25, 2013; KRW 2 million around May 2, 2013; KRW 4.9 million around July 12, 2013; the remainder was paid at KRW 28 million in the name of the victim; and the remainder was substituted by a dump truck with the ownership transfer of KRW 5 million in the name of the victim.
Accordingly, even if the Defendant had the duty to complete the registration of ownership transfer of the above land to the victim, on December 1, 2013, in violation of that duty, the Defendant acquired pecuniary benefits equivalent to the above amount and sustained pecuniary damages equivalent to the same amount to the victim by completing the registration of establishment of a mortgage over the above land from G around December 1, 2013.
Summary of Evidence
1. C’s legal statement;
1. The defendant and his/her defense counsel asserts that the construction machinery register, a copy of transaction details, a copy of a loan certificate, a copy of a construction machinery sales contract, a copy of a passbook transaction statement, a certificate of entire registered matters, a construction machinery delivery order, a construction machinery delivery order, the defendant and his/her defense counsel have no obligation to complete
However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the Defendant, on May 1, 2013, issued a mortgage on the bond value of KRW 15 million with respect to the Fump truck under the name of E, and drafted a loan certificate to immediately withdraw an auction upon receiving KRW 7 million from the victim after receiving an order to deliver construction machinery.