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 of the final judgment.

Punishment of the crime

[criminal record] On August 17, 2016, the Defendant was sentenced to a suspended sentence of three years on December 27, 2016 by the Daejeon District Court for evasion of compulsory execution, etc., and the judgment became final and conclusive on December 27, 2016.

【Criminal Facts】

The defendant is a person who actually operates C Co., Ltd. located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and has overall control over the construction and sale of D newly built in the above B around January 208.

On April 12, 2007, the Defendant entered into a sales contract with the victim F to sell D apartment G units newly built in the above C at the office of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do to sell at KRW 300 million for the sale price, and received KRW 60 million as the down payment on April 12, 2007 according to the sales contract. The Defendant received KRW 60 million as the down payment.

7. 23. 23. 20 million won as the intermediate payment, and 40 million won as the intermediate payment on January 9, 2008. At the same time, an agreement was made for the process of completing the registration of ownership transfer for the above apartment complex. As such, the Defendant had a duty to pay the victim the procedure of ownership transfer at the time of the remainder payment.

Nevertheless, on January 31, 2008, the Defendant violated the above duties, concluded a real estate management trust agreement with respect to the above apartment, and completed the registration of transfer of ownership, thereby acquiring property benefits equivalent to KRW 200 million in total the down payment and intermediate payment, and suffered property damage equivalent to the same amount from the victim.

After all, the defendant, including this, received 1.75 billion won in total from 12 victims in the same manner, such as the list of crimes (1) on January 28, 2008, and completed the registration of ownership transfer in the above I, thereby acquiring property benefits equivalent to the same amount of the sale price, and suffered property damage equivalent to the same amount from the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each of the witnesses J, K and L.