A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

Around December 4, 2015, the Defendant entered into a sales contract for forest E, which is one’s own possession, at a public brokerage office located in Jincheon-gun, Jincheon-gun, Jincheon-gun, the Defendant agreed to receive KRW 12,000,000 from the total purchase price of KRW 120,000,000 on the same day, and the intermediate payment of KRW 20,000 on December 15, 2015, and deliver all documents necessary for the registration of transfer of forest ownership to the victim simultaneously with the payment of KRW 88,00,000,000 after the completion of relocation of oxygen in the site.

According to the above sales contract, the Defendant received KRW 12,00,000 from the injured party as down payment on December 4, 2015, and KRW 20,000,000 from the intermediate payment on December 15, 2015, and received KRW 20,000 as the intermediate payment on December 15, 2015, as part of the remainder, and at the same time, the Defendant received KRW 2,00,000 on February 26, 2016, KRW 1,000,000 on March 26, 2016, and KRW 46,00,000 on March 3, 2016, and KRW 3,000,000 on March 3, 2016, at the same time, the remainder and the victim have to perform the registration procedure for ownership transfer of the forest.

Nevertheless, on September 20, 2016, the Defendant, in violation of the foregoing duties, sold the forest land at KRW 95,000,000 to Young-si, Inc., Ltd., and made registration of the transfer of ownership of the forest land at KRW 120,000 on November 18, 2016, thereby obtaining property benefits equivalent to KRW 120,000,000 and causing property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in D in the protocol concerning the examination of the accused by the prosecution;

1. A real estate sale contract (the first rent);

1. Application of the proviso to the separate Acts and subordinate statutes;

1. Determination as to the Defendant’s assertion of a sentence of imprisonment, etc. under Article 355(2) and (1) of the relevant Act on criminal facts

1. The Defendant and his defense counsel’s assertion did not prepare a real estate sale contract (the second two vehicles), and thus, the rights and obligations under the sale contract as indicated in the holding are set according to the real estate sale contract (the first vehicle). The buyer D expressed his/her intent to refuse performance on April 14, 2016.