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Defendants shall be punished by imprisonment for six months.
However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The victim D agreed to receive payment in lieu of the owner F, G, and H around August 2012, when he/she had built a new officetel in Dongbcheon-si, E, but failed to receive the construction cost from the owner F, G, and H.
On November 26, 2012, the Defendants concluded a real estate exchange contract (hereinafter “instant exchange contract”) with the content that the Defendants would have to exchange 501 and 502 square meters of I forest land 49,587 square meters (hereinafter “instant forest”) and I forest land 49,587 square meters (hereinafter “the instant officetel”) among the instant officetels, the victim D would have been paid in lieu of payment in kind, with the victim as of November 26, 2012 between the victim and the victim. The price of the instant forest is KRW 50,000,000 per the instant officetel with the price of the instant officetel, and the difference is KRW 90,000 per 70,000,0000,000 for each of the instant officetels, and the victim would have to pay KRW 3 million in cash to the Defendants.
On December 21, 2012, the Defendants received KRW 3 million in cash from the victim, according to the terms and conditions of the above agreement, the sales contract for the instant officetel to Defendant A, and the Defendant received KRW 3 million in cash. As such, the duty of the victim to implement the procedures for the registration of ownership transfer of the instant forest land arises.
Nevertheless, on September 23, 2014, the Defendants violated the above duties and sold the instant forest in violation of the J’s price of KRW 60 million to the J, and completed the registration of transfer of ownership with respect to the instant forest in violation of the said duties from the Changcheon District Court, Changcheon District Court, the Changcheon District Court located in 625, Gyeongcheon-si, Taecheon-si, Taecheon-si, J.
As a result, the Defendants conspired to obtain property benefits equivalent to KRW 60 million and caused the same property damage to the victim.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each legal statement of the witness K, H and D;
1. Defendants: