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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
"2015 Highest 2695"
1. On May 7, 2010, the Defendant would immediately make a transfer registration when purchasing approximately 330 square meters out of approximately 29,480 square meters of F forest land in Gyeong-dong, Busan-dong, Busan-do, to the victim E in D office operated by the Defendant on the 8th floor of the C building in Busan-gu, Busan-do.
“.....”
However, around May 6, 2010, D) the Defendant’s operation entered into a sales contract with the owner of the above land of KRW 1.3 billion, and paid the down payment of KRW 50 million to the owner of the land of this case (ju), and at the time, the right to collateral security was established for the entire land of KRW 800 million or more at the time of the establishment of the right to collateral security, so the Defendant could make the owner of the land (ju) by paying a purchase price of at least KRW 80 million at the (ju), and make it possible for the victim (ju) to register the establishment of collateral security right normally, but at the time, the Defendant or the Plaintiff did not have any property or revenue, while at the time, the Defendant or the Plaintiff did not have any intent to sell the land of KRW 100 million or more due to monthly salary, expenses for activities, rent, etc., and did not have any intent to sell the forest and field to the owner.
As above, the Defendant: (a) by deceiving the victim; (b) received KRW 1 million in cash from the victim; (c) received KRW 22 million from the victim’s account on the same day; and (d) received KRW 23 million from the remittance; and (b) received KRW 23 million.
2. The Defendant, at the office described in paragraph (1) around May 17, 2010, purchased approximately KRW 330 square meters among approximately 29,480 square meters of F forest land in Hadong-dong-dong-dong, Chungcheongnam-do, Gyeongnam-do,” to the victim G, will immediately file for the registration of the transfer.
“The meaning of “.......”
However, the defendant has the intention or ability to register the transfer of the land contracted to the victim for the same reason as the statement in paragraph (1).