A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

The Defendant is a real estate development company B (hereinafter “B”)’s auditor, a real estate development company, who actually operates the said company, under the premise of 2018 High 363.

On March 20, 2015, the Defendant entered into a contract with the victim C to pay KRW 960 square meters of land D (hereinafter “D”) located in the place near the Suwon-si, Gyeonggi-si, Gyeonggi-do (hereinafter “Seoul”) and an apartment house under construction on the above land (hereinafter “E apartment”) with the transfer of the ownership of D land and the right to permit construction of E apartment (hereinafter “E apartment”) until September 30, 2015, the Defendant concluded a contract with the victim to pay KRW 1.2 billion in total (75 billion in total, around September 9, 2015), including the purchase price of land and business rights, the victim’s input construction cost, and estimated profits, and the victim’s disposal of the land at KRW 300 million (hereinafter “the victim’s disposal of the land”) on the ground that the Defendant would have paid KRW 120 million to the victim after completion of the construction project at around March 20, 2015, and that the Defendant would have agreed to pay the victim KRW 7005 billion.5 billion.

In accordance with the above contract, the victim transferred the ownership of D land in the name of B around April 23, 2015, and the defendant entrusted the ownership of D land to F on June 25, 2015, and the defendant set up the right to preferential profit of KRW 1.2 billion in the name of the victim (amended by KRW 750 million around September 17, 2015) in the name of the victim and issued the certificate of preferential profit.

As the content of the contract between the defendant and the victim changes, the victim's preferential profit right amount also has been changed from 1.2 billion won to 7.5 billion won around September 17, 2015 at the time of the trust on June 25, 2015, and the defendant specific criminal facts have changed from 1.2 billion won around September 17, 2015.