Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On December 5, 2008, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Northern District Court for attempted breach of trust, and the said judgment became final and conclusive on the 13th of the same month.

When operating (StateB) a specialized in the sale of commercial buildings and housing, the Defendant entered into a collective purchase contract with a hybrid Construction Co., Ltd. and the Seo-gu Incheon Metropolitan City Co., Ltd. owned by the company and had the authority to sell the said commercial buildings.

On December 1, 2005, in E-real estate brokerage office located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu on December 1, 2005, the Defendant borrowed KRW 200 million from the victim F and concluded a sales contract with the purchase price of KRW 250 million for the above C-dong 111 as a security for the loan, and thus, there was a duty to perform the registration of ownership transfer for the above commercial building.

On September 3, 2007, the Defendant received the registration of ownership transfer from hybrid Construction Co., Ltd. with respect to the above commercial building B 111, and made the registration of ownership transfer with respect to G without permission for sale, when he did not repay the borrowed money to the victim on the same day.

Accordingly, the defendant acquired property benefits equivalent to KRW 200 million and suffered damages equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The F statement among the interrogation protocol of the defendant by the prosecution against the defendant

1. A certified copy of the register, a copy of the commercial sales contract, a copy of the deposit sheet, or a cash storage certificate;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (report accompanied by a written judgment), and application of statutes governing judgment;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;