Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On November 2012, the Defendant entered into a sales contract with the victim D, who is a branch in the container located in Seosan-si, Seosan-si, the Defendant’s mother, selling KRW 2197 square meters of F forest land in Seonam-si, Chungcheongnam-si, the Defendant’s mother, for KRW 70 million.

On the same day, the Defendant decided to offset KRW 10 million against the Defendant’s obligation to return the purchase price separately to the Defendant’s victim. On December 12, 2012, the Defendant received KRW 5 million from the victim of intermediate payment on or around December 12, 2012. On January 16, 2013, the Defendant transferred KRW 2 million out of the remainder from the victim to the Defendant’s G account in the name of the Defendant’s child. As such, the Defendant had a duty to register the transfer of ownership of the said forest.

Around April 19, 2013, the Defendant, in violation of the foregoing duties, divided 146 square meters out of the above forest and field and sold it to H, and completed the registration of ownership transfer on May 27, 2013. Around July 14, 2013, the Defendant completed the registration of ownership transfer on around the 16th of the same month following the divided sale of 994 square meters out of the above forest and field to I, other than the public prosecution. Around the 25th of the same month, the Defendant completed the registration of ownership transfer on the 30th of the following month, selling the remainder of 1057 square meters out of the above forest and field to I.

Accordingly, the defendant acquired the above real estate market price of KRW 70 million and suffered the same property profit as the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Testimony to D;

1. Part D in the interrogation protocol of the police interrogation protocol Nos. 2 and 3 against the defendant

1. Statement made by the police against D;

1. A report on investigation (report accompanied by a certificate of all registered matters), and a certificate of all registered matters;

1. Complaint;

1. As the Defendant and his defense counsel’s assertion of the Defendant and the defense counsel did not pay the remainder of the sales contract and agreed to dispose of the instant real estate, the Defendant’s selling of the instant real estate to another person does not constitute a crime of breach of trust.