A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 12, 2010, the Defendant was sentenced to two years of imprisonment with prison labor at Seoul High Court on March 12, 2010, and the judgment became final and conclusive on March 15, 2010.

The Defendant, in collaboration with B on October 23, 2006, purchased “1,650 square meters prior to Gangseo-gun, D,” and completed the registration of ownership transfer with respect to the said real estate under the said B on the same day. On October 24, 2006, the Defendant completed the registration of establishment of a mortgage with respect to the said real estate under the said B as joint collateral on the said real estate and its neighboring real estate, with D as a maximum debt amount of KRW 120 million, 150 million to E on the same day, the maximum debt amount of KRW 150 million to F on the same day, the maximum debt amount of KRW 150 million to G on the same day, and the same day to G on the same day.

After that, the Defendant, on behalf of the said B, prepared a real estate sales contract stating that “B shall sell to the buyer KRW 60,000 square meters prior to the purchase price of KRW 1650 square meters prior to Gangseo-gun, Gangwon-do, the buyer,” and “B shall sell the purchase price of KRW 60,000.”

In this case, the seller of real estate has a duty to notify the buyer of the establishment of the right to collateral security.

Nevertheless, on March 12, 2007, the Defendant concluded a real estate sales contract within the scope of the “Kuk River,” which is located in the J of Jeon Chang-gun, Gangwon-gun, Gangwon-do, and did not notify the victim of the establishment of the right to collateral security worth KRW 45 billion, totaling the maximum debt amount on the said real estate.

The Defendant, as above, by deceiving the victim, received a total of KRW 60 million from the victim, including KRW 10 million around March 12, 2007 and KRW 50 million around March 16, 2007.

Summary of Evidence

1. Defendant's legal statement;

1. A real estate sales contract, details of transactions by account, receipts, certified copies of registers, and certified copies of registers;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of judgment attached);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The suspended execution of Article 62(1) of the Criminal Act is restored to the damage and Article 39 of the Criminal Act.