Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On April 21, 2014, the Defendant: (a) entered into a sales contract with the victim F and/or with respect to “D” office operated by the Defendant, which is located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul Special Self-Governing City E. Special Self-Governing City 20,130 square meters of land; and (b) concluded a sales contract with the victim F and/or with respect to “the specific part of 429 square meters of land,” and (c) agreed to transfer the ownership if the land was divided; (d) received down payment of KRW 83 million from the damaged party; and (e) received the remainder of KRW 24.9 million from the damaged party on July 17, 2014, the Defendant had the duty to perform the registration procedure for the transfer

Nevertheless, the Defendant, in violation of his duties, sold 231 square meters among the “562 square meters in Sejong Special Self-Governing City G, Sejong Special Self-Governing City G, and 562 square meters,” which was subdivided into lots, to H, and registered partial transfer of ownership in the name of H as to “5/562 square meters in Sejong Special Self-Governing City G,” around July 22, 2015.

Accordingly, the Defendant violated the above duties, thereby acquiring pecuniary advantage equivalent to KRW 63 million, and causing financial loss equivalent to KRW 17.9 million to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the I and F respective statements);

1. Statement made by the police with regard to F;

1. Copies of the statement made by the prosecutor to H by the prosecution;

1. A copy of a land transaction contract, receipt, and drawings;

1. Application of Acts and subordinate statutes on filing of a complaint, drawing, copy of trading contract, and certified copy of registry;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act reflects the Defendant’s mistake, the first offender who has no record of criminal punishment previously committed, and the victim paid KRW 110 million to the victim and agreed that the victim does not want criminal punishment against the Defendant (i.e., March 26, 2018).