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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On April 10, 2015, the Defendant entered into a contract with the victim to sell “400 square meters (hereinafter “instant land”) of the Defendant’s mother C’s “ 400 square meters (excluding graveyard portion out of the land, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun)” to the victim, at a Buddhist coffee shop located in the Docheon-gun, Docheon-gun.
On July 10, 2015, the Defendant and the victim agreed to exchange KRW 15 million in exchange for the documents required to register ownership transfer of the above land on the date of the contract.
Under the above agreement, the Defendant paid KRW 5 million out of the remainder on July 13, 2015, and KRW 5 million out of the remainder on July 30, 2015 to the Defendant’s parent-child account, respectively, and the remainder of KRW 5 million is paid at the time of the registration of transfer of ownership after the procedures for dividing the portion of the graveyard out of the said land were completed, and as such, the procedures for dividing the portion of the graveyard out of the said land was completed on August 17, 2015, the duty to perform the registration procedures for transfer of ownership was incurred.
Nevertheless, on February 18, 2016, the Defendant violated the foregoing duties and set up a provisional registration with H and I on the instant land as a collateral for the debt of KRW 40 million with respect to G.
Accordingly, the defendant acquired property benefits equivalent to KRW 35 million in the market price of the above real estate and suffered the same amount as the victim.
Summary of Evidence
1. Statement made by the police for E;
1. Contracts for real estate trade, certificates registered in whole, details of entry and departure transactions, and application of the statutes of the judgment;
1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;