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

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

Punishment of the crime

On February 2, 2008, the Defendant sold 836,80,000 won (including five parcels for entry, calculated as KRW 50,160,00,00, and expenses for the Defendant’s civil engineering works) calculated as KRW 836,80,000 (including KRW 50,160,000; KRW 36,340,000,000 for deposit money for civil engineering works between February 27, 2008 to June 3, 2008, and KRW 1/4 shares (40,000,000) out of five parcels (36,340,000,000,000 per 38,000 square meters per 380,000 square meters per 380,000 square meters per 3,000 square meters per 3,80,0000,000 for the remainder of the land to be paid to the victim.

Meanwhile, the Defendant received a total of KRW 24,000,000 from the above deposit seven times until June 22, 2012.

In this way, since 2008, the defendant's duty to complete the civil engineering works for access roads from around 2008, and to receive the remaining deposit money of 12,340,000 won from the victim, and at the same time to register the ownership transfer of 1/4 shares out of 5 parcels for the above access roads to the victim.

Nevertheless, around July 4, 2011, the Defendant sold all five parcels of land for the above access road from the J judicial scrivener's office located in Busan Dongdong-gu I to the Sungdong-gu Co., Ltd., and acquired property benefits equivalent to KRW 50,160,000 by registering the transfer of ownership on August 10, 201, and suffered property damage equivalent to the same amount for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act No. 3-7 and No. 10

1. Relevant Article 355 (2) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] Type 1 (100 million won) (4-1 year and 4 months) is the basic area (4-1 year and 4 months) (the decision of sentence].