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.

Punishment of the crime

On July 26, 2013, the Defendant had been sentenced to a suspended sentence of six months for fraud at the Ulsan District Court, which was sentenced to two years of imprisonment for the purpose of fraud, and the said judgment became final and conclusive on August 3, 2013.

Criminal facts

The defendant purchased real estate located at port and carries out the business of resale in the form of land division or co-ownership, and is the representative of the FF with nine floors of building in Ulsan-gu E.

Since the Defendant received all the purchase price and transfer registration expenses for the real estate located at the port from the victim G, D, C, and H, the victims were faced with economic difficulties due to delay in sale, delayed payment of wages, etc., despite having a duty to transfer full ownership, and as to the real estate that should be transferred to the victims in violation of such duty, the Defendant borrowed money from the State I (hereinafter “I”) through four times as follows, and made a provisional registration of the right to claim transfer registration of ownership to the “I” on the ground of the promise to purchase and sell as collateral, and transferred ownership to the victims.

Ultimately, the Defendant failed to repay the principal and interest borrowed from “I” and completed the registration of ownership transfer based on the above provisional registration, at the same time, obtained pecuniary benefits equivalent to the purchase price by ex officio the transfer of ownership in the name of the victims, and suffered pecuniary damage equivalent to the same amount to the victims.

1. The Defendant, at the F office around December 14, 2010, purchased L4,918 square meters (hereinafter “L”) from J and K-owned port, and concluded a sales contract with the victim to sell 150 square meters (1.5 million won) out of the purchase price to the victim at KRW 94,55 million. The Defendant, at the F office around December 14, 201, transferred the down payment of KRW 9 million to the national bank account in the name of the State F, around January 24, 2011; and around January 28, 2011, transferred all the purchase price of KRW 9,45 million, including the remainder of KRW 85,500,000,000,000, from January 23, 2011 to “L” around June 23, 2011.