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

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

Punishment of the crime

On October 23, 2014, the Defendant entered into a sales contract with the victim for the 331 square meters of the Gangwon-gun F site in the name of the Defendant’s child E at the D Official Brokerage Office located in Seocho-si, Seocho-si, and for the 75.86 square meters of the G site and the 30.78 square meters of the 2nd floor.

The Defendant and the victim agreed to exchange KRW 15 million on the date of the contract, KRW 60 million on November 23, 2014, KRW 60 million on intermediate payment, and KRW 120 million on December 23, 2014, in exchange for documents and reimbursement required for the registration of ownership transfer on the above building site and housing.

According to the agreement, the Defendant received KRW 15 million from the injured party to the Agricultural Cooperative Account in the name of E as down payment, and received KRW 60 million from November 7, 2014 to November 24, 2014 as part of the intermediate payment, and received KRW 55 million from November 26, 2014 to December 24, 2014 as part of the remainder, and thus, the Defendant received KRW 55 million from November 26, 2014 to December 24, 2014. Therefore, there was a duty to implement the procedure for registering the transfer of ownership of each of the said lands and houses to the victim.

Nevertheless, on April 20, 2015, the defendant, in violation of the above duties, completed the registration of the transfer of ownership of the whole land of the above G at the Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, and completed the registration of the establishment of the right to collateral security with the maximum amount of KRW 195 million in the claim amounting to 195 million in the Dong-dong Saemaeul Saemaul, on the same day. On January 7, 2016, the defendant only completed the registration of the transfer of ownership of the above F site and the above ground building.

As a result, the Defendant acquired property benefits equivalent to approximately KRW 48 million in the market price of some G site, and caused damages equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement prepared and made by the police with H;

1. Application of Acts and subordinate statutes on the register, such as a real estate transaction contract, a full certificate of registered matters, a detailed statement of deposit transactions, a statement of loan repayment transaction;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;