A shall be punished by imprisonment for four months.

Defendant

B and C are not guilty.

[criminal record] On September 21, 2017, Defendant A was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and for a crime of fraud at the Seoul High Court on September 21, 2017, and the judgment became final and conclusive on December 7, 2017.

[Criminal facts]

1. On August 24, 2011, Defendant A, who is the Defendant 1978, purchased “549 square meters of Gyeonggi-do E Forest land” (hereinafter “instant housing site”) from the victim D for KRW 74,70,000,000,000. around May 6, 2013, Defendant B paid approximately KRW 200,000,000,000 to Defendant B when requesting construction of electric housing on the instant housing site. However, the construction of electric power supply housing was suspended due to the failure to pay KRW 63,40,00 among the construction cost.

Defendant

C around August 5, 2015, around August 5, 2015, upon introduction of Defendant B in a voluntary auction procedure based on the right to collateral security established on the instant housing site, Defendant B participated in the auction and acquired the ownership of the instant housing site at KRW 140,21 million.

After that, Defendant C attempted to resume the construction work of electric source housing that was interrupted as above on the instant housing site, but, at the same time, Defendant C tried to change the access road to other surrounding land as to the land owned by the victim, 47 square meters and G forest land 460 square meters (hereinafter “road site in this case”), which was originally planned to open the access road to the instant housing site. Ultimately, even if a electric source house was constructed on the instant housing site, it would be difficult to obtain the construction permit of electric source housing.

Accordingly, Defendant A had C filed a lawsuit against the victim to perform the registration of transfer of ownership under the above sales contract, and had C acquire ownership of the instant road site by winning a favorable judgment. Defendant B and C knew that Defendant A purchased the instant road site amounting to KRW 42 million from the victim around September 20, 201, using the fact that Defendant A and C knew that the instant road site was purchased at KRW 42 million.