Defendant 1 and two others

Kim Ho-ho

Attorneys Jeong Jung-soo et al.

Applicant for Compensation

Defendant 1 shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of eight months.

The number of detention days prior to the issuance of this judgment shall be calculated by including one day in the above sentence against the defendant 1 and 2.

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

Defendant 1 shall be subject to probation and shall order a community service for 160 hours.

An application for compensation by an applicant for compensation shall be dismissed.

Defendant 1 is a person engaged in commerce, Defendant 2 is a person engaged in construction business, and Defendant 3 was a real estate brokerage assistant;

[206 Highest 161]

1. Defendant 1

A. Even if a female victim borrowed money from the victim who was known to him from around 2001, the victim is willing to acquire money from the victim using a weak point where the victim could not easily demand return by inducing her husband to inform her of the relationship with the defendant and allowing her husband to inform her of the relationship;

(1) On June 15, 2002, the victim made a false statement to the effect that "it is urgently required to pay money to the victim up to 400,000 won per month during the middle of October 2002, the victim will pay money to the victim at the cafeteria cafeteria cafeteria cafeteria Corpo-dong (Seoul), and the victim will receive KRW 7,00,000 won cashier's checks and one million in cash from the victim, namely, the sum of KRW 8,00,000 won per month; and

(2) On September 4, 2002, at the place indicated in the above Paragraph (1) above, the victim made a false statement to the effect that "on the date of repayment of KRW 8 million borrowed by 5 million prior to the date of repayment, if he/she lends money to 5 million, he/she shall be paid with KRW 8 million as well as KRW 8 million before he/she lends money to her at the same time, and he/she shall receive one copy of the cashier's check from the victim, and shall defraud it;

B. In the event that the victim was entrusted by the victim with the sale of the building site (number omitted) 458 square meters and above ground and the purchaser received the purchase price from the purchaser, the victim would pay the price to the victim, despite the fact that the purchase price was paid to the victim:

(1) On or around March 8, 2003, the above real estate was sold to Nonindicted 7 for a gold of KRW 43 million in the area of the Seocho-gu, Chungcheongnam-gu, Chungcheongnam-do and received delivery from Nonindicted 7 as a down payment, despite the fact that around 20:30,000 won was delivered from Nonindicted 7 as the down payment. However, around 20:30 on the same day, the above real estate was distributed to the victim in the vicinity of Sejong-si, Hopo-si, Sejong-si, and the victim was kept for the victim, and then, the real estate was embezzled for a voluntary consumption of KRW 4,00,000,000 for living expenses, etc. from the Japanese Won-gu, Mapo-si.

(2) Around March 11, 2003, at the time of 2003, Nonindicted 7 million won, which was part of the intermediate payment of the above real estate, was received from Nonindicted 7, who was kept for the victim, before the amamamamamambi-gun, Mapo-gun, the Defendant embezzled the intermediate payment of the above real estate, which was then consumed voluntarily from the Japanese Won in Mapo-si

[206 Highest 427]

2. Defendant 1 and 2 conspired:

Around August 6, 2004, at the office of real estate brokerage located in the Dongho-ri 442-10, Young-gu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the sales contract was concluded with a third party to purchase the reclaimed land located in the above Samho-do (number 1 omitted), (number 2 omitted), (number 2 omitted), and (number 321,194,400 square meters for 15 parcels for 15 parcels for 174,29.9 square meters for 321,194,400 won for 10 parcels for 15 parcels for 15 parcels for 15 parcels for 15 parcels for 15 parcels for 321,000,000 won for 60 days from the date on which the balance of the contract entered into with the third party 2 was first paid, in violation of this purpose, to

From August 31, 2004 to September 2, 2004, the above reclaimed land is sold to Nonindicted 3 in KRW 174,299 square meters for 585,00,00,00,00 for the above reclaimed land, regardless of permanent residence in Yong-gun, Yong-gun, Youngnam-gun, Samnam-gun;

3. Defendant 1

On or around December 15, 2004, the Gwangju District Court of Youngnam located in Jeonnam District, in accordance with the title trust agreement entered into with Nonindicted 5, 8, and 9, registered each ownership transfer in the name of Nonindicted 5, 8, and 9, by allowing the ten certified judicial scrivener, who is aware of the fact, to submit the documents related to the ownership transfer registration and to complete the ownership transfer registration in the name of the title trustee, by lending the name of Nonindicted 5, etc. in accordance with the title trust agreement entered into by the Defendant with Nonindicted 5, 8, and 9, and by allowing him to register the ownership transfer in the name of Nonindicted 5, 8, and 9, the title trustee.

[206 Highest 633]

4. Defendant 3

A. The purpose is to avoid taxation and to gain profits from price fluctuations between different points of time, even though Non-Indicted 11 purchases the amount of KRW 14,962.1 square meters from Non-Indicted 11, which was located in the Simsan-Eup, Young-gun, Young-gun (number 5 omitted), in the middle of December 2004, in spite of the purchase price of KRW 145,00,000,000;

Around February 14, 2005, without filing an application for the registration of ownership transfer within 60 days from the date of payment of remainder at the Jeju Real Estate Office located in the same Eup/Myeon, and resell the said real estate to Nonindicted 12 without filing an application for the registration of ownership transfer, with the purchase price of KRW 194.6 million;

B. Around January 24, 2005, Nonindicted 14,943.6 square meters at the same Eup/Myeon (number 6 omitted) purchased from Nonindicted 13 the purchase price of KRW 153,000,000 from Nonindicted 13, the purpose of which is to avoid the imposition of taxes and to gain profits from price fluctuations between other market values;

On February 2005, at the above real estate office, resells the above real estate to Nonindicted 12 in the purchase price of KRW 189,80,000, in such manner as above;

C. In order to avoid the imposition of tax and obtain profits from price fluctuations between different market values, even though Defendant 1 purchased at KRW 15,018.5 square meters from Defendant 1 on October 1, 2004 at KRW 16,8350,000, for the response of 15,018.5 square meters and the response of 16,8350,000;

around February 26, 2005, at the above real estate office, resells the above real estate to Nonindicted 14 in the purchase price of KRW 190,000,00,000;

5. Although Defendant 1 purchased the land set forth above 4-C (3) on October 2004 from Nonindicted 15 to KRW 150,9250,000, Defendant 1 aims to avoid taxation and gain profits from price fluctuations between different points of time, despite having purchased the land set forth above 4-C (15,9250,000;

In October 2004, the said real estate was sold to Defendant 3 by the said method at the substitute real estate office located in Seocho-ri 151 of the Eup as of October 2004, in the purchase price of KRW 168,350,000.

[206 Highest 633]

1. Defendant's legal statement;

1. Each suspect interrogation protocol against the accused by the prosecution (including each part of the statement applicant);

1. Each prosecutor’s statement on Nonindicted 7, 16, 17, and 18

1. Each police statement of the applicant for compensation;

[206 Highest 427]

1. Defendant 1’s legal statement and part of Defendant 2’s legal statement

1. Each legal statement on the witness Nonindicted 2 and 3

1. Examination protocol of Defendant 1 by the prosecution (including part of Defendant 2’s statement)

1. The prosecutor’s statement concerning Nonindicted 3

1. Each police protocol on Nonindicted 2, 19, 5, and 8

1. Each investigation report;

1. Investigation report (non-indicted 20's wife and non-indicted 9's telephone conversation report)

1. Submission of data requested for cooperation in investigation (the relevant documents, such as Non-Indicted 5's tenders);

[206 Highest 633]

1. Each legal statement of the defendant 1 and 3;

1. Each police suspect interrogation protocol against Nonindicted 12, 14, and 13

1. Each police protocol on Nonindicted 11, 13, and 21

1. A copy of each real estate sales contract;

1. A certified copy of the register (numbered 6 omitted);

1. A certified copy of the register (numbered 7 omitted);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant 1

Articles 347(1) and 355(1) of the Criminal Act; Article 8 subparag. 1, Article 2(2) and (3) of the Act on Special Measures for the Registration of Real Estate under Actual Titleholder’s Name; Articles 7(1)1, 3(1) and 30 of the Act on the Registration of Real Estate under Actual Titleholder’s Name; Article 30 of the Criminal Act (Determination of Imprisonment with prison labor);

B. Defendant 2

Article 8 subparag. 1, Article 2(3) of the Act on Special Measures for the Registration of Real Estate, and Article 30 of the Criminal Act.

C. Defendant 3

Articles 8 subparag. 1 and 2(2) of the Act on Special Measures for the Registration of Real Estate.

1. Aggravation for concurrent crimes;

Defendant 1 and 3: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Inclusion of days of detention in detention;

Defendant 1 and 2: Article 57 of the Criminal Act

1. Suspension of execution;

Defendants: Article 62(1) of the Criminal Act

1. Probation and community service order;

Defendant 1: Article 62-2 of the Criminal Act

1. Dismissal of an application for compensation order;

Article 32(1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (It is recognized that it is not reasonable to issue an order for compensation in criminal proceedings because the applicant for compensation has cancelled the complaint under the agreement with Defendant 1)

Judges Anti-Mao