A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The defendant was the representative director of the company B established for the purpose of apartment execution business.

On early 2005, the Defendant agreed to purchase the real estate from the firstman C (D representative director of the Company D) and approximately 22,000 in the Kimhae-si E, to undertake the apartment construction project, and concluded a real estate transaction agreement with some owners of the above real estate and paid the down payment to some real estate, but it is difficult to continue the business due to the lack of funds.

At around 16:30 on March 25, 2005, the Defendant entered into a written contract to transfer apartment business rights to approximately KRW 22,000 of the E-day in Kimhae-si between the transferor and the transferee at the office of G (representative director H) in Geumcheon-gu, Busan, and between the transferor and the transferee H, and the major contents of the contract include the first sale price, including the expenses of the existing prop work and the apartment business rights, and the provisional contract amount paid after entering into a contract with the real estate owner.

Second, the contract deposit amount of KRW 300 million was paid on the date of the contract and the balance of KRW 1.7 billion was paid by the transferee at the time of arrival of the land sale price from the contractor, etc., and the defendant, after the conclusion of the above contract, entered into an oral contract with the defendant not only the real estate under the existing real estate sale agreement but also other real estate included in the above business, and received KRW 300 million after the contract was concluded with G to help purchase

On March 2005, the victim I explained the contents of the above business from H et al., and heard the request from H to borrow the down payment of KRW 300 million, thereby helping H to pay the above KRW 300 million to the Defendant, and immediately thereafter H et al. did not undertake the above business that H et al. acquired due to the shortage of funds.