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 two years from the date this judgment became final and conclusive.

Punishment of the crime

"2016 Highest 537"

1. In around 2006, the Defendant entered into a sales contract with the victim C to purchase the land for migrants and the right to purchase the land for daily countermeasures (hereinafter “the right to purchase the land of this case”) to F in Yeongdeungpo-gu E Housing Site Development Project District at KRW 170,000,000 and paid the purchase price in full to D, and then transferred the right to purchase the land of this case to the victim C at the “H Licensed Real Estate Agent Office located in Young-si District G around August 2006, the Defendant entered into a sales contract with the victim at KRW 230,000,000,000, and received all the purchase price from the victim pursuant to the above contract at that time. Accordingly, the duty to transfer the right to purchase this case to the victim so that ownership can be legally acquired.

Nevertheless, on April 30, 2009, the Defendant violated the above duties and received KRW 163 million from the collection price at the J's office located in the building I in Young-gu, Suwon-si, Suwon-si. The Defendant, as the original seller of the instant water sales right, recovered the instant water sales right to K as the actual right holder, and received KRW 163 million from the collection price.

Accordingly, the defendant acquired financial benefits equivalent to KRW 163 million in the market price of the above migrants' housing site, and suffered financial losses equivalent to the same amount for the victim.

"2016 Highest 1469"

2. From March 14, 1987, M of the crime against the victim L was owned with a house located in Young-gu Ngu, Young-gu, Suwon-si, and the above house was included in the housing site development project district of the Gyeonggi-do, and around April 2005, M of the housing site development project was granted the right to preferentially purchase the migrants' housing site and the land for taking measures for living (the right to purchase the housing site among the migrants's housing site) in the project district after completion of the housing site development project as a countermeasure for relocation pursuant to the housing site development project (the right to purchase the housing site in this case).

The defendant around December 22, 2005 is the site for the migrants and the site for living countermeasures.