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Defendant
A shall be punished by imprisonment for eight months, by a fine of three thousand won,00,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
The Defendant worked as the vice president of the FF Co., Ltd. (hereinafter referred to as “F”) in Hongcheon-gun E, Gangwon-do, and has overall control over the sales affairs carried out by the said company, and was in charge of the management of the corporate account and the execution of the funds of the said company.
On November 2, 2012, the Defendant stated to the victim G at the above company office that “The Defendant would cancel three cases of collateral security established on the said land and then transfer the ownership to the victim’s name after cancelling the three cases of collateral security established on the said land until November 16, 2012.”
However, in order to cancel the right to collateral security established on the above land, approximately KRW 55 million was required. The balance of the corporate account at the time was limited to KRW 15,474,00,000,000 for the above corporate account, including the cancellation cost of the right to collateral security established on the above land, and around KRW 150,000,000 for the above corporate account was required. Since the sale business that the above company was in progress in Gangwon-si I was a civil petition filed by neighboring residents and was not approved for the completion of the bridge work, it was unclear whether it is able to receive any balance from the buyer, even if the payment of the balance is made from the victim, there was no intention or ability to register the ownership transfer in the victim's name after cancelling three of the right to collateral security established on the above land until November 16, 2012.
The Defendant received 49 million won from the victim for the remainder of sale, namely, from the victim.
Accordingly, the defendant was given property by deceiving the victim.
Defendant B, “2015 Highest 181”, Defendant B, the owner of the Hancheon-gun J land (hereinafter “instant J land”), and Defendant A, as a real estate seller, delegated the sale and purchase of the said land and took charge of all affairs related to the sale and purchase of the said land.
Defendants are demoted around October 4, 2013.