A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

On May 29, 2015, the Defendant was sentenced to a suspended sentence of two-year imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) in the Daegu District Court’s support on May 29, 2015, and the said judgment was finalized on May 6, 2015.

While the Defendant was a person operating C(State) as a person operating a real estate, from around B of 2009 to around B of Dong-dong, the Defendant had been implementing a real estate development project for D's real estate from around B of 2009, the Victim E was to receive funds necessary for real estate development from the injured party E. In return, when the development of real estate was completed later, part of the developed land was delivered to the victim with the amount equivalent to cost.

On April 2, 2010, the Defendant agreed with the victim during the period of transfer when the development is completed by specifying approximately 500 square meters of the land corresponding to the annexed drawing F among the above D-Japan land through the design drawing around April 2, 2010. Accordingly, the Defendant received remittance of KRW 50 million from the injured party on the same day from October 14, 2009 to July 2, 2012, including the remittance of KRW 538,700,000 in total, but according to each evidence presented thereafter, this part is corrected since the total sum of KRW 538,70,000 in total is deemed KRW 538,70,000.

B was granted in terms of development costs and agreed with the victim in order to transfer a total of three lots of land, such as F, D, G, etc., to the victim in three lots of land in the attached Form F, D, and G.

Around October, 2012, around the time when the development of land was completed pursuant to the above agreement, the Defendant prepared a “H land value contract” with the victim and sold approximately KRW 1660 square meters of F F land in Ansan-si to approximately KRW 570,000 per square meter. The Defendant agreed that the purchase price shall be substituted by the amount paid from the victim as above. As such, there was a duty to complete the registration of transfer of ownership in the name of the victim regarding the said F land.

Nevertheless, Defendant C Co., Ltd., in violation of the above duties, and on November 2, 2012, Defendant C Co., Ltd.