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A defendant shall be punished by imprisonment for not less than eight months.
An application filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
1. The Defendant in breach of trust is a person who purchased the above apartment house 2412, 402 (294,855,000 won) from the Korea Land and Housing Corporation, a seller of Songpa-gu Seoul Metropolitan Government F apartment house in the name of G, the Defendant’s head.
The Defendant had the intention to sell the right to sell the above apartment unit after receiving a premium of 10 million won from the I Licensed Real Estate Agent's Office located in Gyeonggi-gu, Y on March 9, 2012 and selling the sale price of 304,855,00 won to the J who worked therefor at the I Licensed Real Estate Agent's Office located in Gyeonggi-gu, Incheon Metropolitan City, with the intention of not being able to pay the down payment necessary to purchase the above apartment unit. Of the above sale price, the Defendant has the right to sell the apartment unit as collateral for the above apartment unit to the buyer as the expiration of the period of restriction on resale under the Special Act on the Bogeumjari Housing, and the Defendant entered into a sales contract with the intention of transferring the ownership transfer of the apartment unit to the buyer as a sale contract to the buyer in the name of the seller and then selling the apartment unit in the name of the buyer.
Since then on September 6, 2013, the J concluded a sales contract to sell the above sales right to the victim C for KRW 359,85,000, and the Defendant, according to the said J’s sales contract, had G borrow the apartment house as security at a national bank around December 24, 2013 and pay the intermediate payment to the Korea Land and Housing Corporation. On the same day, the victim paid the above intermediate payment and the intermediate payment interest of KRW 18,052,00 to the Korea Land and Housing Corporation, and the Defendant paid the above apartment house for KRW 36,627,00 on the same day.