A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On November 12, 2012, the Defendant entered into a contract to sell 661 square meters of forest land in the amount of KRW 130,000,000,000 to the injured party B via C’s employees D and E operated by the Defendant, and agreed to exchange the down payment of KRW 10,000,000 on the date of the contract, the intermediate payment of KRW 60,000,000 on November 30, 2012, with the payment of the ownership transfer registration document and the remainder of KRW 60,000,000 on December 31, 2012.

According to the above contract, the Defendant received 10 million won as down payment from the victim on the day of the contract, 60 million won as the intermediate payment on November 29, 2012, and 60 million won as of December 26, 2012, respectively, from the victim on the day of the contract. As such, the Defendant had the duty to receive the remainder and to perform the procedure for the transfer registration of ownership of the forest.

Nevertheless, on April 2, 2013, the Defendant, in violation of the foregoing duties, sold the said forest land to G in excess of KRW 40 million. On the same day, G completed the registration of ownership transfer of the said forest land, thereby acquiring property benefits equivalent to KRW 130 million, which is the market price of the said forest land, and suffered damage equivalent to the same amount as the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B, D, and E;

1. A copy of a real estate sales contract, a copy of each judgment, a copy of each corporate registration, a certificate of all the registered matters, a certificate of transfer, a receipt, a statement of financial transaction information reply, a certificate of transfer, a certificate of transfer, an intermediate payment receipt, and H-dong real estate sales, and payment of allowances to D, E, I, J, and other employees [the defendant did not receive KRW 30 million out of the intermediate payment of the contract in this case, and the defendant stated that he would cancel the contract to D and E, so the defendant did not have an intention to commit a breach of trust. According to the evidence, the defendant asserts to the effect that he did not have an intention to commit a breach of trust.

D and E are the representative director of the company, and they are owned by the company in the relationship of women.