A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On September 3, 2011, the Defendant entered into a sales contract with the victim D and the Defendant, from around September 5, 201 to around September 5, 201, to receive advance payment of the purchase price of KRW 115 million from the damaged party, and up to December 31, 201, to the victim, 500 out of the land E (hereinafter referred to as E for convenience) in the Gyeong-gun, Gyeong-gun (hereinafter referred to as “E”), Gyeong-gun, Gyeong-gun, Gyeong-gun (hereinafter referred to as “E”), whereby the ownership transfer is registered.

According to the above sales contract, the Defendant received full transfer of KRW 115 million from the damaged party to the agricultural bank account under the name of the Defendant on September 16, 201, and acquired the ownership of the said F land around October 12, 201, and merged the said F land into G land owned by the Defendant around November 2, 201, the Defendant divided the agreed 500 square meters among the said G land (hereinafter “instant land”) around December 31, 201 (hereinafter “the instant land”).

Nevertheless, on January 24, 2013, the Defendant violated the foregoing duty, and caused the Defendant to register the transfer of ownership (hereinafter “H”) to H Co., Ltd. (hereinafter “H”), the representative director of which was the Defendant, and subsequently filed an application for rehabilitation procedures with the Daegu District Court on December 24, 2015 to obtain authorization of the rehabilitation plan on September 27, 2016, thereby making it impossible to implement the said sales contract.

As a result, the Defendant acquired property benefits equivalent to KRW 15 million in the purchase price, and caused damages equivalent to the same amount to the victim.

Summary of Evidence

1. Each legal statement of witness D and I;

1. A trade contract and details of transfer of sales proceeds;

1. Application of Acts and subordinate statutes to determine an application for the establishment of a factory, a certificate of seal impression of victims, on-site photographs, cadastral map of the main land, register, certified copy

1. Relevant Articles 355(2) and 355(1) of the Criminal Act concerning criminal facts (the choice of imprisonment) are the accused.