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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Presumption Facts] The Defendant was the owner of the forest land located in Yeongdeungpo-gu Seoul (hereinafter “the instant forest”). D voluntarily applying for an auction on November 20, 2014 with respect to the instant forest land with the interest of the Defendant’s creditor, and the maximum claim amount of KRW 330 million,00,000,000,000 to the Suwon District Court. The court’s appraisal value of the instant forest in the auction procedure is KRW 44,376,00,000,000,000 won awarded a successful bid on July 15, 2015 and was planned to confirm the sale permission decision on July 22, 2015, to F, which was known to him since 15 years ago, for the development of the instant forest land, is considerably larger than the market price, and is close to the auction equipment.
A request was made to the effect that “the foregoing auction procedure may be suspended.”
Accordingly, on July 21, 2015, F entered into a real estate sale contract with the Defendant stating that “To purchase the forest of this case and develop it directly or make profits from disposing of it to another person, and purchase from the Defendant KRW 480,000,000,000,000,000,000,” and on the same day, the Suwon District Court deposited KRW 322,823,071 with the repayment of KRW 322,823,071 with respect to D, and paid KRW 23,744,969 additionally to D on August 6, 2015, F required to withdraw the application for auction of the said D, and required to cancel the right to collateral security of the said D.
Afterward, the Defendant is urged by F to implement the procedure for the registration of transfer of ownership under the above real estate sales contract, and on August 28, 2015, the Defendant was evaluated as low in the auction procedure with respect to the forest of this case, but there is a lot of room for development, and thus, the Defendant grants FC the right to transfer land disposal in order to receive and dispose of the value properly.
To this end, I will transfer the ownership to the person designated by FC or FC as agreed at the initial stage of the case.
Provided, That it is true that GC's transfer documents were sent to G (FC's initial funds).