Text
Defendant
A shall be punished by imprisonment with prison labor for three years and six months, and by imprisonment for eight months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Defendant A [Presumption Facts] The Defendant was a person who was in a relationship with the victim B as a person who was in a relationship of origin in the same region as the Simsan Namsan, and Party B was involved in the sale of G buildings executed by the victimized Party F in around October 2013 by the real estate development business entity F, which was operated by the victimized Party, and became aware of.
On September 25, 2013, the injured party B entered into a real estate sales contract (hereinafter “the instant sales contract”) with I, the owner of the Nam-gu H and 20 pieces of land (including buildings; hereinafter “the instant real estate”) in the Nam-gu, Nam-gu, Seoul Special Metropolitan City (hereinafter “the instant real estate”) with a total of KRW 1.750 million, and paid KRW 50 million as the down payment on the same day, and agreed to pay KRW 1.7 billion as of November 20, 2013 and receive the transfer of ownership from the end of January 2014.
On November 8, 2013, the Defendant applied for a loan of KRW 1,840,000,000 to the Seo-gu Saemaul Treasury in Seo-gu, Daejeon, Seo-gu, Daejeon for the security of the instant real estate and was granted a loan to the Saemaul Treasury (J) in his/her name.
The victim B remitted the remainder of 1.22 billion won (including the loan amount of KRW 522,706,957, and the lease deposit of KRW 158 million) of the remainder after the seller’s settlement of the loan and the lease deposit of KRW 1,837,00,000 from the above loan account.
From January 10, 2014, the victim B was suspected of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) and was placed in a situation where he was arrested from the investigative agency, and was locked with the tracking damage.
[Criminal facts]
A. The Defendant: (a) had borrowed the instant real estate in his own name as collateral and had the victim B acquired the instant real estate by advertising that the victim B had been locked with tracking by investigation agencies; (b) around February 22, 2014, the seller I of the instant real estate and the original copy of the instant sales contract entered into with K from a certified broker and K, etc.