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Defendant shall be punished by a fine of 20 million won.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
On April 18, 2017, the Defendant was sentenced to six months of imprisonment for fraud in the branch court of Suwon District Court, and the judgment became final and conclusive on July 11, 2017.
1. On August 2012, the Defendant entered into a contract with the victim E on the site and housing sale business (hereinafter “instant partnership contract”) to which the Defendant delegated the authority to dispose of the site for the electric source housing business from the owners of the land of 331m2, 367m2, 367m2, and 8,134m2 (hereinafter “instant electric source housing site”). The content of the contract is that the victim provided the instant electric source housing site and transferred the ownership upon the completion of the sale price, and the Defendant and F are in charge of the business of building and selling the electric source housing on the site. The profits accrued therefrom are deposited into the joint name account of the Defendant, F, and the victim and disbursed under the consent of all of them. According to the settlement results, the victim and the Defendant and F are divided into KRW 650,00 per square year, and the remaining amounts.
Therefore, the above site provider's duty was occupational duty to deposit the price into the joint account of the defendant, F, and the victim so that the victim can confirm the completion of the sale price before transferring the ownership to another person, and notify the victim. If the defendant exchanges the land of another person without selling the site for the electric source of this case, he/she had the duty to take measures corresponding to the sale in lots, such as transferring the ownership of the real estate subject to exchange to the joint name of the victim, the victim, the defendant, and the F, and notifying the victim of the fact.
Nevertheless, on October 10, 2012, the Defendant violated the above duties, and without the consent of the victim, and the Defendant is 743 square meters or less of the instant electric source housing site and its ground buildings.