A defendant shall be punished by imprisonment for two years.

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

Criminal facts

On April 7, 2011, the Defendant was sentenced by the Seoul High Court to two years and six months of imprisonment for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (tax), three years of suspended execution, and a fine of KRW 800,000, and the said judgment was finalized on October 6, 2011.

1. Fraud;

A. On July 2002, the Defendant introduced and sold for KRW 800 million, Kimpo-si F, G, and H three parcels to E, who became aware of customers in the D real estate office operated by the Defendant at Kimpo-si, Kimpo-si, Kimpo-si, and agreed to re-purchase the above land at a sale price higher than 40% of the above purchase price after six months between E and Kimpo-si, and the re-purchase was not possible due to shortage of funds.

In such a situation, the Defendant, at around October 20, 205, displayed the registration right to 3157/3609 (hereinafter “instant land shares”) in the J real estate office located in Kimpo-si, Kimpo-si, Kimpo-si, and borrowed the certificate of the personal seal impression for sale of KRW 300 million from Kimpo-si (hereinafter “instant land shares”), and issued the certificate of the personal seal impression for sale of the instant land from E on October 24, 2005 to E on January 23, 2006.

B. On November 4, 2005, the Defendant entered into a contract with the victim to trade the instant land shares at KRW 573,000,000 with the purport that “The right to register and a certificate of personal seal impression for sale received from the L Licensed Real Estate Agent Office at Kimpo-si, Kimpo-si, the instant land owner E was granted power to dispose of the instant land shares.”

As above, the Defendant sold the instant land shares to the victim, and was established with the victim’s share in the instant land.