A defendant shall be punished by imprisonment for six months.

except that 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 June 24, 2005, the Defendant entered into a contract to sell the victim E land of KRW 172 million out of Pyeongtaek-si capital at the licensed real estate agent office located in Pyeongtaek-si D, and received the payment of the purchase price on July 14, 2005.

Around February 9, 2006, the Defendant entered into a contract to sell the victim G of Pyeongtaek-si H of 225 square meters and 40 billion square meters of road shares in I land at KRW 26 million and received the payment of the purchase price on March 15, 2006.

On October 24, 2007, the Defendant entered into a contract to sell the victim K with the land of 743 square meters in Pyeongtaek-si L, and the land of 134 square meters in I forests (a total of 877 square meters, 265 square meters) for KRW 190 million in the office of the victim K in Pyeongtaek-siJ, and received the payment of the purchase price on November 2007.

Since the Defendant received each purchase price according to the above contract, there was a duty to implement the procedures for the registration of ownership transfer for each of the above land.

On November 8, 2012, the Defendant borrowed money to M, in violation of the aforementioned duties, and set up a collateral security right of KRW 130 million with respect to each of the said lands at the Lwon District Court located in Pyeongtaek-si Dong-dong.

Accordingly, the defendant acquired property benefits equivalent to KRW 130 million and suffered damages equivalent to the same amount to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to K, G, and E;

1. A copy of each real estate sales contract (11 pages, 122 pages);

1. Application of statutes to each register of real estate;

1. Article 355 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for the sentencing of Article 62(1) of the Criminal Act [the scope of recommending punishment] Article 62(1) of the Act on the Suspension of Execution where a significant amount of damage has been recovered [the person who has been specially mitigated] mitigation area (6-2 years) (6-2 years] (the decision of sentencing] under Article 62(1) of the Criminal Act.