A defendant shall be punished by imprisonment for not more than ten 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

On August 30, 2014, the Defendant was divided into H and I after the contract was entered into, and divided into, the lease right and facility of the F Scrapf golf course operated by the victim E located in Ansan-si, Nowon-si, and part of the G land owned by the Defendant (H and I after the contract was entered into) of the Gangwon-gu, Gangwon-si, Gangwon-si.

I have drawn up a real estate exchange contract with the content of exchanging “G part of land” (hereinafter referred to as “G part of land”).

In accordance with the above contract, the Defendant was transferred all of the lease rights, facilities, and house fixtures from the damaged party on September 2014. Therefore, the duty of the Defendant to implement the registration procedure for the transfer of ownership to the said G part of the land was incurred.

On October 2, 2014, the Defendant violated the aforementioned duties, and completed the registration of the establishment of a collateral security with the maximum amount of KRW 162 million (H and I land that the victim agreed to obtain the registration of ownership transfer after the establishment of a collateral security right, and the maximum amount of the claim on the said land is still KRW 162 million due to the indivisible nature of the mortgage, but the registration of the establishment of a collateral security right with regard to the claim on some of the said G land established on the said G land, considering the size and value of the land, was completed.

Accordingly, the Defendant acquired property benefits equivalent to KRW 22,300,000 of the maximum amount of the above-mortgage and caused the damage equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A real estate exchange contract;

1. A certificate of all registered matters;

1. Application of investigation report (verification of the amount of debt actually created on the victim) Acts and subordinate statutes;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Recommendation.]