except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

[2012 Highest 1539]

1. On February 27, 2010, the Defendant entered into an exchange contract with the victim C on the condition that the Defendant would receive KRW 80 million from the victim C at the Defendant’s office located in Dobong-gu Seoul Metropolitan Government Office, on condition that the Defendant would transfer the said I real estate without molding until March 30, 2010.

However, on August 20, 2009, the Defendant paid the down payment of KRW 13 million to H, the owner of Gwangju City, on or around August 20, 2009, and the Defendant did not have any right to the said real estate at the time of promise ( November 20, 2009), and did not have any other right to the said real estate. Therefore, even if the down payment was received from the victim, the Defendant did not have any intention or ability to transfer the said land to the victim.

Nevertheless, without notifying such fact, the Defendant received from the victim a transfer of KRW 10 million to the bank account under the name of J on the same day as the down payment.

2. Some of the facts charged were revised in line with the fraud relation with the victim K.

On May 31, 2010, the Defendant concluded an exchange agreement with the victim K on each real estate owned by the victim (title holder L), the joint ownership of the victim, the Don, the P and Q, and Q Q, at the office of the Defendant located in Dobong-gu Seoul Metropolitan Government (Seoul) on May 31, 2010, and concluded a false agreement with the victim K to transfer the above real estate to the victim without any framework, such as ordering the submission of documents, etc. related to the transfer of ownership to the certified judicial scrivener office by three days after the contract date.

However, in fact, the defendant was delegated to sell and purchase each real estate at the time of Seopopopopo-si, but the above T was actually authorized to sell and purchase the land from the land owner.