Defendant

A Imprisonment with prison labor for five years and for three years, respectively.

However, as to Defendant B, this shall not apply.

Punishment of the crime

[2011Gohap628]

1. The Defendants’ co-principal committed a joint crime: (a) on the basis that the land transaction permission area of 1,206 square meters in Suwon-gu, Suwon-gu, where the registration of ownership transfer was made in Defendant B’s name is located within the land transaction permission area; and (b) on the other hand, he/she concluded a sale contract only with G who is the purchaser at the time of filing an application for land transaction permission later; (c) avoided the preparation of the sales contract by entering into the contract; and (d) on the part payment, he/she did not receive the deposit passbook and seal in the name of a third party deposited in the part payment from the victim; and (e) did not keep any supporting material for the receipt of the part payment from another third party; and (e) there was an attempt to deny the fact that the victim was aware of the fact that the part payment was concluded with the victim as well as the fact that the victim was aware of the fact that the victim had been paid the transfer registration.

Defendant

A around March 13, 2007, at the first floor I restaurant of the defendants in Suwon-si, Suwon-si, and at the time of entering into a verbal sales contract with the victim for the above site, the owner on the register of the above site is the defendant B, but actually owned by the defendant A.

Since the area of the above site is 1,206 square meters, it shall be sold at KRW 365 square meters per square meter, KRW 3 million per square meter, and KRW 1,09,5 million per square meter.

It is not necessary to prepare a sales contract in the current land transaction permission area.

The down payment of KRW 70 million shall be paid simultaneously with the contract, and the intermediate payment shall be paid after the defendant, an engineering work businessman, performed the embankment construction work on the above site, transferred trees in a factory operated by the victim and obtained permission for construction of research facilities, and the balance shall be paid.