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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On October 22, 2009, the Defendant in breach of trust sold KRW 294 million to the victim D and the defendant's 208 Dong-gu E Apartment-dong 2001 around 200,000,000. The contract deposit was paid KRW 5 million on the date of the contract, and the victim received KRW 165,00,000,000 and KRW 84,000,000 as deposit and KRW 4,000 as the remainder was paid on November 3, 2009. After concluding a sales contract with the victim to complete the registration of transfer of ownership on January 1, 2012, the victim received KRW 500,000 from the damaged person as the contract deposit around October 22, 2009, KRW 400,0000,000 as the remainder on October 24, 2009.
After that, on March 8, 2011, the Defendant received an additional amount of KRW 84,960,000 from the injured party, and paid KRW 50,000 out of the loans to the national bank established in the above apartment complex upon the victim’s request, and on May 24, 2011, the maximum amount of the bonds of the right to collateral security in the name of the national bank was changed to KRW 138,00,000.
The defendant maintained and managed the present phenomenon of the above apartment for the victim, and had the duty to complete the registration of transfer of ownership of the above apartment on the agreed date.
Nevertheless, around May 30, 2012, the Defendant established the right to collateral security with the maximum amount of KRW 182 million against the above apartment at Hyundai Savings Bank located in Samsung-1, Gangnam-gu, Seoul, Seoul. On May 30, 2012, the Defendant cancelled the above right to collateral security against the National Bank around May 31, 2012.
In violation of the above duties, the Defendant acquired the pecuniary advantage equivalent to KRW 44 million, which is the difference between the maximum amount of each of the above claims, and caused the same pecuniary loss to the victim.
2. The Defendant was working as a cook from 2009 to 2.3 million won, while working as a cook, and the Defendant was receiving a monthly wage of 2.3 million won.