사기등
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 27, 2011, the Defendant received the share transfer registration for 4/10 shares in the name of the Defendant, and 6/10 shares in the name of the victim, respectively, in a voluntary auction procedure with the victim C, and jointly owned the share of 4/10 square meters in the name of the victim.
The defendant and the victim decided to sell the above land to another person on February 2017, and the defendant was delegated with the authority to see the purchaser by the victim.
Therefore, the Defendant, even though there was a duty to accurately notify the victim of the purchase price actually agreed with the purchaser, did not make a false statement as if the agreement was reached with the purchaser at an amount lower than that actually consulted with the purchaser, and had the purchaser receive a refund of the difference.
Accordingly, on February 23, 2017, the Defendant concluded a sales contract with the victim to sell the said land in KRW 1.2 billion to D Co., Ltd., and concluded a sales contract with the victim to sell the entire shares owned by the Defendant and the victim in KRW 1.2 billion.
On the other hand, on February 2017, the Defendant entered into a side agreement with D Co., Ltd. to additionally receive KRW 280 million from D.
Since then, on April 20, 2017, the Defendant did not notify the victim of the existence of the above side agreement and agreed to change the purchaser of the above side agreement to E, and had the victim re-prepare the sales agreement, and around April 26, 2017, the Defendant completed the registration of transfer of shares in the name of E with respect to the total share of 6/10 shares owned by the victim.
Ultimately, even though the Defendant concluded a side agreement to return KRW 280 million from E and decided to sell the above land in substantially KRW 1.48 million, it did not notify the victim of such fact, and the purchase price was 1.2 billion.