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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Basic facts
A. On June 27, 2008, the victim C entered into a partnership agreement on the development project (hereinafter “instant development project”) of Pyeongtaek-gun E forest in Pyeongtaek-gun in Gyeonggi-do (hereinafter “instant forest”) of 163,041 square meters (hereinafter “instant forest” was divided into 33 lots thereafter and became subject to registration conversion; hereinafter “instant forest”).
B. On July 10, 2008, the victim C and D purchased the forest land of this case from the Defendant in the purchase price of KRW 1,235,000,000, and the down payment of KRW 100,000 shall be paid on a contractual basis, and the remainder of KRW 1,135,00,000 shall be paid on October 30, 2008. After receiving the remainder, the Defendant entered into a sales contract with the person designated by the purchaser on the land of this case, and the transfer income tax on the sale of the forest of this case shall be borne by the purchaser (hereinafter “the sales contract of this case”).
C. On October 6, 2009, the Defendant drafted a letter of commitment performance with a view to changing the payment date of the remainder of the terms of the instant sales contract to January 30, 2010 among the terms of the instant sales contract, and the property guarantor and the security right established in the instant forest are terminated after the settlement of capital gains tax.
On November 10, 2009, the victim and D paid the Defendant the down payment of KRW 100,00,000 as the purchase price of the instant forest by June 8, 2010. The victim and D paid KRW 1,218,70,000 in total to F on December 24, 2009 with the consent of the Defendant, KRW 2,314 square meters of G forest among the instant forest land; KRW 661 square meters to H and I on December 23, 2009; KRW 661 square meters of J forest; KRW 661 square meters of forest land to K on April 16, 2010; KRW 661 square meters of forest land to M on April 23, 2010; KRW 661 square meters of forest land to M on April 23, 2010; KRW 161/610 of forest shares to M on April 21, 2016>