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

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

Punishment of the crime

On November 30, 201, the Defendant entered into a contract to sell 300 square meters of forest E 20,747 square meters (around 6,276 square meters) in a city owned by the Defendant to the victim D on November 30, 201, and received KRW 10 million as the down payment on the date of the contract, and the date of the payment of the intermediate payment was not separately determined. Upon completion of civil engineering works on the said forest land, the Defendant agreed to make the registration of ownership transfer in return for the remainder payment.

Pursuant to the foregoing agreement, the Defendant received KRW 10 million from the damaged person on November 30, 201, and additionally received KRW 70 million on two occasions from December 2, 201 to January 13, 2012 as part payments. As such, upon completion of civil engineering works on the said forest, the Defendant received any balance and at the same time received the victim’s registration of transfer of ownership for KRW 300 out of the said forest land.

Nevertheless, on March 21, 2016, the Defendant, in violation of the foregoing duties, sold to F the victim 300 square meters of forest land (per approximately 1,523 square meters) out of 20,747 square meters (per approximately 6,276 square meters) of forest land to KRW 82,000,000,000, and on April 5, 2016, the Defendant sold F with the ownership transfer registration of the forest land from machinery, such as the public housing support of the Daejeon District Court, to F on April 5, 2016.

As a result, the defendant acquired property benefits equivalent to approximately KRW 160,1520,000 in the market price of the above forest land of 300 square meters and suffered the same damages to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the prosecution with regard to D;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to a complaint, real estate transaction contract, land ledger, each receipt, all certificates to be registered, old limit, and account transaction statement;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;

1. Suspension of execution;