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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Around August 31, 1988, the Defendant purchased 496/2603 square meters of co-ownership shares in the forest E (2570 square meters) from D and owned 496/2603 square meters of land. Around 2001, the Defendant prepared a land division agreement with the victim F, the co-owner of the said forest, and decided to specify part of the said forest (division after division) and own 490 square meters of the said forest. Around June 11, 2003, the said forest was divided into E (1427 square meters), G (490 square meters), and H (63 square meters) but did not solely register the ownership of the forest for G due to the problems such as access roads, and acquired the co-ownership share registration of 496/260 of the said forest.
Therefore, following the division, the Defendant had a co-ownership registration of 496/2603 on the forest land E (1427 square meters) after the division, but the victim F and I used the housing on the forest land E from around 1989 to E in 1989, and the victim F and I decided to own the 1427 square meters of the forest land E in preparation of the land division agreement around 2001 to the victim F and I, so the Defendant did not own ownership on the forest land E, but was merely a trustee with co-ownership of 496/2603.
1. As above, the Defendant transferred the victim F, I and I from around 2001 the Defendant’s share in E, G, and H shares to J around the time when the Defendant transferred his/her share in E, G, and H shares to J. As the J succeeded to the I’s rights, the Defendant was also added to the victim.
For B, among the co-ownership shares of 496/2603 of E in custody, at a hotel where it is impossible to know the trade name in Gangnam-si on October 1, 2009, the co-ownership shares of 496/2603 of E, G, and H forest shall be sold to K at KRW 210 million in price, and the co-ownership shares of 496/2603 in relation to E were embezzled on October 9, 2009.
2. On June 20, 2004, the Defendant: (a) at the Defendant’s house located in Gangnam-si L around 2004, the real estate agent N, a victim’s agent; and (b) the forest land located in E, G, and H, 496§³.