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.

Punishment of the crime

The defendant is a person engaged in agriculture.

On December 11, 2014, the Defendant paid the purchase price for the share of 1,653 square meters to be sold in installments to the victim F in the E judicial scrivener office located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, 403 square meters, which is located in Hongcheon-gun, the Defendant would make a cancellation of all collateral security rights established on the said land until the balance of the purchase price for the share of 1,653 square meters.

If the land area increases additionally as a result of the land survey, 220,000 won per 3.3 square meters, and even if the land area increases additionally, the mortgage may be cancelled until the remainder of the land area.

However, in fact, the Defendant had a debt equivalent to approximately KRW 2 billion, and there was no intention to use the purchase price as the cancellation cost of the lower right, and there is a possibility that the cancellation cost of the lower right will increase in the size of the land to be divided into the victim as a result of the survey at the time of the sales contract. As such, there was no ability or intention to cancel all the collateral security right established on the said land only by the purchase price received from the injured party.

Nevertheless, the Defendant received KRW 20 million from the injured party on December 11, 2014, and KRW 20 million on December 24, 2014 from the Defendant’s account in the name of the Defendant in the name of the purchase price, and acquired KRW 40 million in total.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. The statement of a witness H in the third public trial protocol;

1. Part of the witness F in the third public trial protocol, and part of the witness I in the fourth public trial protocol;

1. A complaint, a real estate transaction contract, a summary statement, a certificate of deposit confirmation, etc.;

1. Application of Acts and subordinate statutes to inquiries about facts;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the Defendant’s assertion of the observation of protection and the community service order under Article 62-2 of the Criminal Act