A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

1. On January 19, 2009, the Defendant entered into a sales contract with the victim C (the representative director D) of the Seoul Jung-gu Seoul Jung-gu, to sell KRW 330.58 square meters (100 square meters; hereinafter “instant land”) of the adjoining land, G and H, the neighboring land, and KRW 330.58 square meters (100 square meters; hereinafter “the instant land”) to the neighboring land, and KRW 4.5 billion. The Defendant was paid the down payment of KRW 1 billion on the date of the contract, and the intermediate payment of KRW 1 billion on February 16, 2009, and the remainder payment of KRW 2.5 billion on July 30, 2012 (hereinafter “Defendant’s land”). The Defendant was paid the down payment from the person who suffered damage on September 1, 2009, respectively on the date of the contract.

At the time, the Defendant’s land was constructed as a warehouse of 420.05 square meters in a brick structure and roof single-story, and a warehouse of 165.99 square meters in an underground room (hereinafter “instant building”).

After the first sale contract was concluded, the Defendant and the victim, after consultation on the amount of intermediate payment, etc. on January 21, 2009, concluded a second sale contract with the content of reducing the previous intermediate payment of KRW 1 billion to KRW 800 million, and increasing the remaining KRW 2.5 billion to KRW 2.7 billion (the second sale contract) and the victim paid the part payment to the Defendant on February 16, 2009.

At the time of the conclusion of the second sales contract, each of the above sub-mortgage 2.16 billion won was established in the future of the Federation of Agricultural Cooperatives in the case of the instant land and buildings. However, on October 29, 2010 after the lapse of about one year and eight months from the time when the Defendant received the total amount of the down payment and the intermediate payment from the injured party, the Defendant cancelled each of the above sub-mortgage 1.952.6 million won in total, and on the same day, set each of the above sub-mortgage 1.955 billion won in total at the National Bank of Korea, Co., Ltd. on October 14, 201 and the 17th of the same month. The Defendant set up a sub-mortgage 4.55 billion won in total, and on June 5, 2012, the Defendant set up a sub-mortgage 4.5 billion won in total at the National Agricultural Cooperatives established in the future of the same month on June 14, 2012.