A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant owned the land and housing located in Gyeongcheon-gun, Chungcheongnam-do, and the said real estate was expropriated in the new city construction project that had been relocated to Gyeongcheon-do Office, and the Defendant was paid the ownership of the housing site from the Gyeongcheon-do Development Corporation.

On November 2012, 2012, the Defendant concluded a sales contract with the victim E, F, and the same G to sell the ownership of the said housing site at the Defendant’s house located in Gyeongcheon-gun, Gyeongcheon-gun, G, and on November 16, 2012. On November 16, 2012, the Defendant transferred the ownership of the said housing site to the same account under the name of the Defendant as the down payment, and KRW 10 million to the new cooperation account under the name of the Defendant, and KRW 35 million to the same account under the remaining name on November 19, 2012, and received KRW 5 million in cash around that time.

Since then, around November 20, 2013, the Defendant received the right to sell an I site located in H immediately preceding 303.6 square meters from the Gyeongbuk Development Corporation as a result of the drawing of lots around November 20, 2013, and as such, the Defendant became aware of the fact that the said E, etc. was entitled to receive a higher price than the said right to sell the said real estate, he/she sold the said right to sell the said sale at KRW 100 million to J on March 14, 2014 and received the full payment of the purchase price on the same day.

Accordingly, the defendant acquired property benefits equivalent to KRW 100 million in the value of the above sale right, and suffered damages equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Grounds for sentencing (the scope of recommending punishment) under Article 355(2) and Article 355(1) of the Criminal Act (the choice of imprisonment, imprisonment with prison labor for not more than five years, or imprisonment with prison labor for not more than 15 million, or a fine not exceeding 15 million won) [the scope of recommending punishment] the basic area (one to three years from more than 100 million to less than 500 million) [no person] [the decision of sentencing] of the defendant deposit 50 million won for the victim E, but it is recognized that the defendant has deposited 50 million won for the victim E, and that he has not recovered the damage of this case properly, and other character, character and environment