Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal power] On October 11, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment without prison labor for six months for the crime of acquiring property through occupational negligence in Daejeon District Court on October 19, 2013, and the above judgment was finalized on October 19, 2013. On October 19, 2018, the judgment was finalized on January 23, 2019.
【Criminal Facts】
The Defendant became aware through B that C was seeking a person to purchase three lots of land and housing with a size of 11,532 square meters prior to F, and a size of 4,512 square meters prior to G, the Gyeonggi-gun E, Gyeonggi-do, 647 square meters owned by the victim D, who is the husband.
As the Defendant would normally purchase the said real estate, he concluded a sales contract by deceiving C and the victim, and used it as a security before fully paying the purchase price, and used it as a means of acquiring property profits by not paying the purchase price of real estate.
On November 23, 2011, the Defendant decided to purchase the said real estate from the victim at the office of a certified judicial scrivener I located in Gyeonggi-do, Gyeonggi-do, H, and paid KRW 1 billion to C and the victim as the sale price. The down payment KRW 200 million shall be paid at the time of the contract, and the remainder of KRW 800 million shall be paid until February 23, 2012: Provided, That first, if the real estate is offered as security, the Defendant would raise funds and pay the sale price by using it.”
However, even if the above real estate was provided as security, the defendant was to be supplied with goods from the customer by using the above real estate and dispose of it again, and was thought to be used for personal purposes, and there was no intention or ability to pay the purchase price of the above real estate to
Nevertheless, on November 23, 2011, the Defendant made a false statement to C and the victim, and against C and the victim, the obligee and K Co., Ltd. (hereinafter “K”) as the obligor, the maximum amount of debt.