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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On September 26, 2014, the Defendant purchased the right to sell an apartment building No. 203 Dong 2301, Busan Shipping Daegu, Busan, under the name of the wife C, and the amount of KRW 40 million out of the price was received in advance from Sa village D around May 2014, and the remainder of KRW 12 million was paid as the amount prepared by the Defendant.
After that, on October 2014, the Defendant received a request from D for the return of the said money due to insufficient living expenses, etc., but the said money was urgently needed. However, there was a debt equivalent to approximately KRW 130 million at the time and there was no particular property.
Accordingly, on October 30, 2014, the Defendant agreed to sell the right to sell the above B apartment units No. 203 2301 to the victim E, and received KRW 20 million from the injured party to the account in the name of C around October 30, 2014.
After that, on November 11, 2014, the Defendant: (a) concluded an agreement with the victim to pay the remainder under the above sales contract at G office operated by the Defendant in Busan Northern-gu; (b) concluded with the victim to have divided the profits from the purchase and sale contract of B apartment units No. 203, 2301; and (c) sold the above apartment units together with the right to sell; (d) the amount of KRW 20 million already paid to the Party shall be converted into the investment amount; and (e) if additional investment is made, the amount of KRW 21,00,000,000 shall be converted into the investment amount and the proceeds from the resale of the above apartment units shall be divided into the profits from the purchase and sale of the apartment units; and (e) concluded an agreement with the victim and the Defendant to have divided the profits from the above apartment units at the ratio of 3:1; and (e) received KRW 100,000,000 from the victim on November 12, 2014.
Since then, on December 26, 2014, the Defendant sold the above B apartment units 203 Dong 2301, and received 4 million won from H on the same day, and 53 million won around January 14, 2015, even if the Defendant received payment from H around the same day.