A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant, on his behalf, sold F site and its ground building located in Bupyeong-gu Incheon Metropolitan City (hereinafter “instant real estate”) owned by Dong around April 21, 2014 to Dong in the name of H and I for the purchase price of KRW 4.8 billion. At the time of a contract, the intermediate payment of KRW 1.8 billion was paid on June 12, 2014; and the remainder of KRW 2 billion on August 21, 2014; the Defendant received the remainder and delivered all documents necessary for the registration of the transfer of ownership to the buyer at the same time as the receipt of the ownership; the buyer agreed one-half each; and the buyer sold the instant real estate on behalf of the buyer on April 21, 2014 without permission of the Defendant, but the Defendant sold the intermediate payment of KRW 1.8 billion on behalf of the victim on June 21, 2014; but the Defendant sold the instant real estate without permission of the victim on behalf of the victim on June 21, 2014.

On July 1, 2014, where the right to claim the transfer of ownership was registered on the ground of a pre-sale agreement (sale price of KRW 3.67 billion) on July 1, 2014, the Defendant was at the risk of being claimed to the buyer for damages due to nonperformance of the sales contract.

In this regard, the defendant around December 11, 2014, at the office of G located in Bupyeong-gu Incheon Metropolitan Government, Bupyeong-gu, Incheon, to give the victim KRW 450 million on the face of the week by cancelling the provisional registration.

First of all, on December 11, 2014, KRW 290 million shall be paid, and the remaining KRW 160 million shall be paid immediately after the buyer receives the balance of KRW 2 billion on January 8, 2015.

Inasmuch as “a person makes a false statement.”

However, in fact, even if the Defendant received the balance of KRW 2 billion from the buyer, he had the intention to pay KRW 50 million to the victim, but did not have any intention to pay KRW 160 million to the victim.

Nevertheless, the Defendant, as such, induces the victim and completed the registration of cancellation of the period of the instant A, etc. around December 11, 2014 from the victim, thereby allowing E to do so.