A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

"2016 Highest 916"

1. On October 16, 2015, the Defendant: (a) concluded a sales contract with the Defendant’s wife on the E-si, E-si, 2037 square meters of forest land; (b) 13 square meters of forest land; (c) G 1221 square meters of forest land in the name of the Defendant’s wife in Jeju-si, Jeju-si; and (d) concluded a sales contract with the Defendant’s wife on the purchase price for the said three lots of forest land; (b) KRW 140 million in total; (c) KRW 50 million in loans established in the said forest land is succeeded by the victimized party; (d) KRW 25 million on the date of the contract; and (e) November 16, 2015, the Defendant and the victim agreed to exchange the remainder of KRW 65 million in exchange for the required documents and reimbursement of the ownership transfer registration for the said forest land; and (e) concluded an agreement with the Defendant and the victim on October 20, 2015 to add an intermediate payment to KRW 15 million.

The Defendant received down payment of KRW 25 million from the injured party under the agreement, immediately, and received KRW 15 million from the intermediate payment on October 20, 2015. Thus, on November 16, 2015, the duty to receive the remainder payment and implement the registration procedure for the transfer of ownership of the said forest land to the injured party on November 16, 2015.

On October 30, 2015, the Defendant, in violation of the foregoing duties, sold the said E Forest land of KRW 2037 square meters and KRW 13,000 square meters of F Forest land to the Plaintiff at the main point of “D” located in Jeju-si, Jeju-si, and completed the registration of the transfer of ownership of the said two forest land on the same day. On November 2, 2015, the Defendant established a collateral security right of KRW 12 million with respect to the said G forest of KRW 221 square meters by taking the J as the person with the lower right as the person with the lower right on November 2, 2015.

Accordingly, the Defendant acquired the pecuniary benefits of KRW 40 million in the purchase price paid, and suffered the same amount as the victim.

"2016 Highest 1384"

2. On March 22, 2012, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Jeju District Court on March 22, 2012, and was sentenced to a suspended sentence of two years for six months by imprisonment with labor for the same crime in the same court on June 27, 2013.

On June 26, 2016, the Defendant is drunk with 0.080% alcohol concentration in light of light blood on 03:55.