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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. On June 20, 2008, the Defendant acquired KRW 60 million by deception, the Defendant said that “Around June 20, 2008, the Victim C purchased 12 parcels of land from Gyeonggi-si, Gyeonggi-do, to E, and the land was divided and sold to the land. It is about KRW 10 billion on the multi-presidential land of Gyeonggi-gu, the upper part of which is the land (hereinafter “F forest”) and KRW 300 square meters in KRW 20,000 in KRW 60,000 per square.”
However, in fact, the Defendant thought that the victim had a lack of knowledge about the registration and transfer of ownership due to the elderly and trust of the Defendant entirely, instead of 3,000 square meters of forest land as above, transferred the ownership of 1/10 (80 square meters) to the victim, so even if he received the payment from the damaged person, the Defendant did not intend to transfer the ownership of 3,00 square meters of forest land as above to the victim.
On June 20, 2008, the Defendant: (a) by deceiving the victim; (b) transferred KRW 20 million to the Agricultural Cooperative Account (G) in the name of the Defendant around June 20, 2008; and (c) received KRW 40 million in cash from the end of June of the same year to September of the same year.
Accordingly, the defendant was given property by deceiving the victim.
2. On February 2010, the Defendant said, “Around the end of Dongdaemun-gu Seoul Metropolitan Government Cheongyang-ri, a Cheongyang-gu, Dongdaemun-gu, Seoul Metropolitan Government Cheongyang-gu, the Defendant said that “A 101 house located in H in Yangcheon-gu Seoul, Yangcheon-gu, Seoul (hereinafter “H house”) located in the store name in front of the department store shall be sold to the victim C by deducting the lessee’s deposit amount of KRW 10 million and KRW 110 million from the remainder of the house mortgage loan and KRW 10 million from the remainder of the house mortgage loan, and the purchase price shall be deposited at KRW 15,00,000,000.”
However, in fact, the defendant has to make the registration of transfer of ownership first completed, as security.