However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

The Defendant is the representative director of a stock company B established for the purpose of construction and sale of officetels between July 16, 2008 and December 12, 2012, who has been engaged in the sales of officetels.

On September 26, 2011, the Defendant entered into a contract with the victim E to sell the above officetel F in the above office of the corporation B, which is located in the petition Ctel D, Cheongju-si, and the victim paid KRW 50 million as the contract deposit and intermediate payment on the date of the contract, and paid KRW 28 million as the remainder after the officetel is completed, and at the same time the Defendant entered into an agreement to accept the registration of ownership transfer for the above officetel.

According to the above sales contract, the Defendant received KRW 50 million from the victim on September 26, 201 under the pretext of down payment and intermediate payment. As such, there was a duty to receive the remainder on the outstanding payment date and to make the victim implement the procedures for the registration of transfer of the ownership of an officetel at the same time.

Nevertheless, on May 31, 2012, the Defendant, in violation of the foregoing duties, made a promise to trade KRW 540 million from G to borrow KRW 540 million from G, and entered into a contract to sell and sell the said officetel to H designated by the said G, and subsequently, made a registration of the right to claim transfer of ownership based on the purchase and sale promise to H, thereby acquiring the pecuniary benefits equivalent to KRW 50 million and causing property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Each legal statement of witness E and I;

1. Contract for sale in lots;

1. Details of account transactions;

1. Full certificate of the matters to be registered (C building F);

1. Full certificate of the matters to be registered;

1. Details of sales proceeds for 148 households:

1. A copy of the face-to-face before and after the J-mail;

1. A copy of the certificate related to remittance of KRW 10 million;

1. Application of the Acts and subordinate statutes governing K message printed out;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (2) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Order of community service;