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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2016 Highest 577]
1. On December 29, 2014, the Defendant: (a) paid the victim the “F” land and above-ground buildings located in Cheongju-si, Chungcheongnam-si, where auction was commenced in the support of Cheongju-gun, for a bid price of KRW 100 million; and (b) asked the bidder to participate in the auction of the real estate; (c) the Defendant paid the bid price of KRW 100 million. In the auction procedure, the remainder of the principal loan shall be paid upon winning the bid of KRW 1 billion for the real estate at the price of the real estate at KRW 1 billion.
In addition, the agreement has already been made to purchase the ownership of KRW 2 billion from G organizations immediately after the acquisition of ownership, so that it will be sold to G organizations and repaid KRW 400,000 to the amount that has not been repaid in advance.
“ ........”
However, since the Defendant had no other financial resources at the time, as well as the only property at the time, was economically difficult to obtain a voluntary auction of the “F” real estate, which is the only property, and there was no way to prepare the balance amount of KRW 900 million necessary for acquiring ownership, and there was no agreement to sell the real estate at KRW 2 billion between G organizations. Thus, even if the Defendant was awarded a successful bid of the real estate in the name of the victim, he acquired ownership and sold it to G organizations and did not have the ability to repay the victim KRW 400 million.
Nevertheless, the Defendant, as above, made the victim make a false statement, and caused the victim to participate in the auction of this case by paying 100 million won of the bid bond for the H auction purpose in the support of the Cheongju District Law, 101, as the name of the Chungcheong City, as of January 5, 2015.
Accordingly, the defendant was given property by deceiving the victim.
2. When it is difficult for the Defendant to acquire ownership of the F’s “F” land and a building on the ground in Chungcheong City E, the Defendant prepared a false lease contract, etc. for the purpose of receiving dividends in the course of voluntary auction.