Defendant 1 and two others

Of China Kim

Public-service Advocates et al.

Applicant for Compensation (Non-Indicted 4 of the Supreme Court Decision)

Defendant 1 is punished by imprisonment with prison labor for ten months and by a fine of five thousand won, by imprisonment with prison labor for four months and by imprisonment for three months, by Defendant 3 (Defendant 2 of the Supreme Court Decision and the appellate court Decision) for five months, respectively.

When Defendant 1 fails to pay the above fine, the above Defendant shall be confined in a workhouse for the period calculated by converting 50,000 won into one day.

However, the execution of each of the above punishment against the defendant 2 and 3 shall be suspended for two years from the date this judgment becomes final and conclusive.

To order the provisional payment of an amount equivalent to the above fine against Defendant 1.

Defendant 1 pays 20,000,000 won to the applicant for compensation.

This order may be provisionally executed.

1. On December 21, 2005, at the office of ○○○○ Licensed Real Estate Agent located incheon-dong, Seoul, Defendant 1 was delegated to purchase approximately KRW 35,000 from the victim’s applicant for compensation for the purchase of forest land located in the Gyeonggi-gu, Gyeonggi-do, Gyeonggi-do, Gyeonggi-do, the Gyeonggi-do, and the seller was delegated to purchase from Nonindicted 3 and Defendant 3, who was delegated by Nonindicted 7, and received KRW 20 million from the victim in the course of concluding a sales contract with Nonindicted 3 and Defendant 3.

While the defendant kept the above 20 million won that he received for the victim, he arbitrarily used the defendant's expenses, living expenses, etc. at around that time and embezzled them.

2. Defendant 1, who is engaged in the civil engineering business and without permission of the competent authorities, operated the real estate brokerage business with a monetary amount of KRW 5,488 square meters (1,660 square meters) prior to the location of the reputation (number 1 omitted) of the cross-monthly plane of the same military unit to the victim Nonindicted 5 at Nonindicted 8 Goi-gu, Gyeonggi-gu, Yangyang-gu, Yangyang-si, Yangyang-gu, Yangyang-gu, Yangyang-gu, Seoul, 200 on April 12, 2007, as a person who is engaged in the civil engineering business, and received KRW 6 million as a fee.

3. When Defendant 2 is a person engaged in agriculture; Defendant 1 is a person engaged in civil engineering work; Defendant 1 is not detained by embezzlement in women’s branch of Suwon District Court on May 29, 2008 and is still pending in the trial of the first instance. Meanwhile, when a person who entered into a contract with the purport to transfer the ownership of real estate enters into a new contract with a third party on the real estate before the performance of the counter-performance of the counter-performance, he/she shall file an application for the registration of ownership transfer according to the first concluded contract within 60 days from the date the performance of the counter

On August 24, 2005, Nonindicted 6 entered into a real estate sales contract with Nonindicted 9, who was the principal owner of the said forest, to purchase the said forest in a gold amount of KRW 110 million with respect to 54,942 square meters of the forest located in Pyeongtaek-gu, Gyeonggi-do, Gyeonggi-do, which was located in the said forest (number 3 omitted), around August 24, 2005. After entering into a real estate sales contract with Nonindicted 6, who was the principal owner of the said forest, the said forest, as the method of unregistered pre-sale for the purpose of gaining profits arising from the price fluctuation between other market values, and had the persons who will purchase the said forest through Nonindicted 10.

The above Defendants knew through the above Nonindicted 10 that the above Defendants would sell the forest land of this case by means of unregistered pre-sale, and left the difference, and the said Defendants participated and sold the forest land of this case in order to gain a certain portion of profit, and the persons who would purchase the forest land of this case were to purchase it.

After that, upon delegation from the above non-indicted 6 on September 29, 2005, the above defendants entered into a real estate sales contract with the applicant for compensation to sell the above forest in the restaurant located in Gyeonggi-si. The above non-indicted 6 used the sale price received from the above applicant for compensation to transfer the sale price of KRW 69 million to the above non-indicted 9 on October 29, 2005 under the real estate sales contract entered into with the above non-indicted 6. The above non-indicted 6 paid all the sale price to the above non-indicted 9.

Therefore, even though the above non-indicted 6 and the above non-indicted 9 applied for the registration of ownership transfer within 60 days from October 29, 2005, the performance of the consideration was completed in accordance with the terms of the real estate sales contract concluded between them, the defendants or the above non-indicted 6 did not apply for the

4. On April 12, 2007, Defendant 3 introduced Nonindicted 11, the owner of the above land, to Nonindicted 2, who intends to purchase the land at the malary malary mar (number 1 omitted), near the cross-country bus terminal located in the Gyeonggi-si public interest, and arranged the sales contract for the said land to Nonindicted 11 and the buyer to Nonindicted 2’s wife, along with Defendant 1.

Defendant 3 received the written consent to the use of the land from the neighboring residents from Nonindicted 11, the landowner, and received 6 million won from Nonindicted 2, the fact that he received the written consent to the use of the land from Nonindicted 2.

However, the above sales contract was rescinded by Nonindicted 2’s declaration of intent around December 6, 2007, on the ground that the actual size of the land at issue differs about about 60 square meters from the terms and conditions of the contract, and that Nonindicted 11 did not receive the consent of neighboring residents from May 10, 2007, which was the date of the payment of intermediate payment, and the seller did not deliver it to Defendant 3 or Nonindicted 2. Accordingly, Nonindicted 2 filed a lawsuit for return of unjust enrichment of KRW 6 million (No. 42222, which was paid to Defendant 3) with the Suwon-gun Branch Branch Branch Branch of Suwon District Court located in Yangyang-si, Yangyang-si, Yangyang-si, Yangyang-si, Yangyang-si, Yangyang-si, Seoul, which was located in 448-7, which was the date of the payment of intermediate payment.

When Defendant 3 was brought a lawsuit from Nonindicted 2, Defendant 3 had instigated Defendant 1 to give false testimony to Defendant 1 to avoid civil liability.

On March 208, Defendant 3 requested Defendant 1 to file a lawsuit claiming return of unjust enrichment of KRW 6 million from Nonindicted 2 to Defendant 1 at his own house located in the Gyeong-gun, Gyeongyang-gun, Gyeongyang-gun, which had been hospitalized by Defendant 1 on March 3, 2008 (number 4 omitted), to make a false statement to the effect that Defendant 1 was present as a witness and that Defendant 1 was receiving the above KRW 6 million. Defendant 3 was found at the Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, which was hospitalized by Defendant 1 on three occasions during the period of March 2008, and decided that Defendant 1 made a false statement to the effect that Defendant 1 made a false testimony.

At around 15:30 on April 16, 2008, Defendant 1 appeared as a witness at the above court and took an oath, and the judge "it does not act as a broker with the defendant to the non-indicted 2 at the size of 5488 square meters prior to the reputation (number 1 omitted), which is owned by the non-indicted 11, but there is a fact that the non-indicted 2 demanded the witness to leave the land owner at the request of the non-indicted 2 to leave the witness." "At the time, the plaintiff's agent prepared a sales contract at that time, and the non-indicted 2 received the land use consent from the defendant 3, and then 0,000,000 won for the witness at that time, the defendant received 0,000 won's cashier's checks at the face value and 0,000 won for the witness at that time, and 10,000 won for the witness at that time, and 10,000 won for the witness at that time."

However, in fact, Defendant 3 mediated the conclusion of the sale and purchase contract on the above land with Defendant 1, and Defendant 3 introduced Nonindicted 11, the landowner, to Nonindicted 2, and asked Defendant 3 to do so. At the time, Defendant 3 directly received KRW 6 million from Nonindicted 2, and then Defendant 3 changed the number of 5 million to Defendant 1, and Defendant 1 changed the number of 3 million to Defendant 3, and divided the number of 3 million to Defendant 3, and Defendant 3 said that he would receive the written consent of land use from Nonindicted 11.

As a result, Defendant 3 instigated Defendant 1 to make a false statement.

5. At around 15:30 on April 16, 2008, Defendant 1 appeared and taken an oath at the Suwon District Court Branch Branch of Yangyang-gun, Yangyang-si, Yangyang-si, Yangyang-si, Yangyang-si, Yangyang-si, and then Defendant 3 had the witness attend the witness at the court of Yangyang-gun, Yangyang-gun, Yangyang-si, which is 448-7, and then the witness paid to the witness at the 0th 0th 0th o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o'.

However, in fact, Defendant 3, along with the Defendant, mediated the conclusion of the sales contract on the above land to Nonindicted 2; Defendant 3 introduced Nonindicted 11, the landowner, to Nonindicted 2; and at the time Defendant 3 was directly issued KRW 6 million from Nonindicted 2, and then Defendant 3 changed the Defendant’s check to change the Defendant’s check, and then divided the Defendant’s check into KRW 3 million, and Defendant 3 said that he would receive the written consent for land use from Nonindicted 2 and deliver it to Nonindicted 2.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

1. Each legal statement of the defendant 1 and 2 (defendant 1 is part of the defendant);

1. Each legal statement of the witness applicant, Nonindicted 12, 2, and Defendant 1

1. A protocol concerning the examination of suspect against the defendant 1 by the prosecution (including replacement of the defendant);

1. Statement of the police statement of the applicant for compensation;

1. A copy of the police statement made against Nonindicted 9 and 10

1. A sales contract;

1. Written consent to land use and a certificate of seal impression;

1. Mediation protocol;

1. Control surveying map;

1. A certified copy of each register;

1. A list of deposits trading;

1. Each real estate sales contract;

1. Proxy letter;

1. Each certificate of personal seal impression;

1. Protocol of examination of witness;

1. Recording records;

1. Article applicable to criminal facts;

Defendant 1: Article 35(1) of the Criminal Act; Article 48 subparag. 1 and Article 9 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act; Article 152(1) of the Criminal Act

Defendant 1 and 2: Article 8 subparag. 1, Article 2(3) of the Act on Special Measures for the Registration of Real Estate, and Article 30 of the Criminal Act

Defendant 3: Articles 152(1) and 31(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Defendant 1: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Defendant 1: Articles 70 and 69(2) of the Criminal Act

1. Suspension of execution;

Defendant 2 and 3: Article 62(1) of the Criminal Act

1. Order of provisional payment;

Defendant 1: Article 334(1) of the Criminal Procedure Act

1. Orders for compensation;

Articles 25(1), 31(1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings

It is so decided as per Disposition for the above reasons.

Judges Kim Jong-chul