A defendant shall be punished by imprisonment for four months.

Punishment of the crime

C and D are co-owners in the name of 14 lots of land, such as Hapong-gun E (hereinafter “instant land”). The Defendant is the real owner of C’s share in the instant land, and F’s spouse D’s share in the instant land, respectively, and F was the actual owner of the instant land. The victim G bears the obligation equivalent to KRW 65 million.

On June 2013, the Defendant decided to take over F’s debt amounting to KRW 65 million against the victim instead of receiving shares in D’s name regarding the instant land from F, and F, upon which the Defendant notified the victim of the fact that he/she would take over the said debt amount, and the Defendant issued a written contract for the transfer of shares in the instant land and documents necessary for the transfer of land (hereinafter “acquisition agreement, etc.”) to grant the victim the right to dispose of shares in D’s name concerning the instant land.

On June 27, 2013, the Defendant: (a) prepared a letter of loan stating that “the Defendant would repay the Plaintiff KRW 65 million and KRW 15 million on July 5, 2013, and the instant land to the obligee H (victim C), the obligor C, the joint and several surety A, the loan amount of KRW 65 million; and (b) the amount of KRW 5 million on August 31, 2013, at the office of a certified judicial scrivener located in Ansan-si, Suwon-si, a member of the Suwon-si branch of the Suwon-si District Court; and (c) received the loan and pay the loan in accordance with the agreement; and (d) at the same place on the same day, the Defendant was issued a written contract for the acquisition of ownership in real estate from the victim.

However, at the time, the Defendant was a bad credit holder and borrowed money from the Defendant’s family members to the extent of KRW 300 million and did not have any other property, so the Defendant received a written contract for transfer of real estate shares in the name of D from the victim on March 14, 2011, and the Defendant jointly received the instant land from the Defendant and F, at the time of the successful bid of the instant land, the bid price was KRW 81.5 billion, and the Defendant jointly received the instant land.