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Defendant
A shall be punished by imprisonment for eight months, by imprisonment for ten months, and imprisonment for one year for Defendant C.
except that this shall not apply.
Reasons
Punishment of the crime
Defendant
C When around September 2012, F came to know that he intended to sell G 605 square meters (hereinafter “G Jeon-gu”) and H 9101 square meters of forest land (hereinafter “H forest”) in Kuju-si, Seoul. Defendant B and Defendant A were to acquire each of the instant land together with Defendant B and Defendant A, and to take profits by dividing and selling it. Defendant C produced H forest, etc. after purchasing each of the instant land from F, and Defendant B and Defendant A shared a mutual role in finding persons to purchase each of the instant land.
1. The Defendants’ co-principal
A. On December 2, 2012, Defendant B and Defendant A, together with the victim J, working in the K office located in the first week of the first week of early 2012, displayed the victim’s previous G field and the old state of forests and fields that Defendant C received from Defendant C, and the victim said that “it was a good land owned by F in the original city of L, the development of which began from March 2013, the road will also be constructed, and all graves on the land may be able to be harming.”
However, in fact, F, the landowner, did not have the idea to subdivide the above H forest, and it was not clear that the victim would have sold the forest by subdividing it to the victim, and it was not even the permission for conversion of mountainous district necessary for the subdivision procedure of H forest. Therefore, F, the possibility of development was very low.
On December 20, 2012, the Defendants: (a) had the victim enter into a sales contract to purchase the part of H forest from F with KRW 86 million; and (b) Defendant B directly changed the down payment of KRW 30 million to himself; (c) but (d) was refused from the victim, the Defendants opened an account in the F name by forging the application for deposit transaction in the F name, as described in paragraph (2), and received money from the victim to the said account in the F name.