A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On December 15, 2016, the Defendant was sentenced to eight months of imprisonment due to an occupational breach of trust in support of Sungnam branch of Suwon branch of Suwon branch of Korea on December 15, 2016 and the judgment became final and conclusive on July 21, 2017.

Around August 2012, the Defendant entered into an agreement with the victim C to sell the land (hereinafter referred to as “instant land”) located in Gyeyang-gu, Gyeyang-gu (hereinafter referred to as the “instant land”) with the purchase price of KRW 495 million as of October 10, 2012, and the contract deposit amount of KRW 40 million as of November 10, 2012, and the intermediate payment of KRW 200 million as of November 10, 2012, and the payment of KRW 250 million as of December 5, 2012, and the Defendant received KRW 40 million as of August 31, 2012 from the victim.

Since then, on December 5, 2012, the remaining payment date, the Defendant had no means to terminate the right to collateral security at the location of E Union located in Ansan-gu, Boyang-gu, Boyang-si. In order to terminate the right to collateral security of E Union established on the instant land, the Defendant had no means to terminate the right to collateral security now with the need of KRW 60 million.

On December 5, 2013, if you pay 60 million won for the termination cost of the right of termination of the E Union, you will pay the principal of 60 million won until December 5, 2013 and pay the interest of 1.5% per month.

“In doing so, the Victim prepared a certificate of borrowing KRW 60 million with respect to the said content.”

However, the defendant did not have the intention or ability to pay the above cost of termination of the mortgage even if the injured party paid the above cost of KRW 60 million on behalf of the defendant.

Nevertheless, on December 5, 2012, the Defendant: (a) by deceiving the victim; and (b) by having the victim transfer KRW 60 million to the E branch office located within the full territory of the E Union on December 5, 2012; and (c) by having the Defendant repay the Defendant’s debt amounting to KRW 60 million, the Defendant acquired pecuniary benefits equivalent to KRW 60 million.

Summary of Evidence

1. Each protocol of suspect interrogation of the police against the accused (includingC statements);

1. Statement made by the police against C;

1. A certificate of borrowed money, a real estate transaction contract, each receipt, and a statement of account transactions;