A defendant shall be punished by imprisonment for six 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

The Defendant is a substantial operator of the Gangnam-gu Seoul Metropolitan Government building B and the real estate sales business, etc. located in the Gangnam-gu Seoul Metropolitan Government.

On November 13, 2012, the Defendant entered into a sales contract with the victim E and the Defendant, located in the Defendant’s residence located in Gyeonggi-gu, Gyeonggi-do, Gyeonggi-do, with the content of selling 9 m20 square meters (hereinafter “instant real estate”) out of 4,655 square meters in Gyeonggi-do G forest in Gyeonggi-do (undivided at the time) and 400 square meters (hereinafter “the instant real estate”) and 470 million won in the site that is to be constructed.

In accordance with the above sales contract, the Defendant was fully paid KRW 470 million to the victim as the down payment on November 4, 2012; KRW 50 million as the intermediate payment on December 23, 2012; KRW 220 million as the intermediate payment on December 21, 2012; KRW 40 million as the intermediate payment on January 16, 2013; and KRW 110 million as the remainder on January 21, 2013; and KRW 470 million as the remainder on January 21, 2013; thus, the Defendant was obligated to complete registration of ownership transfer without any restriction on the instant real estate to the victim.

Nevertheless, due to the shortage of construction cost, the Defendant borrowed KRW 250 million from H association around January 21, 2015, in violation of the foregoing duties, and created a collateral security of KRW 325 million with respect to the claim amounting to KRW 465 million with respect to the above G G forest including the instant real estate.

Accordingly, the Defendant acquired property benefits equivalent to 21,482,277 won ( = 250 million won x 400 square meters / 465 square meters) in breach of his/her duties and caused the victims to suffer property damages equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of a witness I;

1. Each police statement made to E and J;

1. Application of statutes governing a contract for sale in lots, satellite photographs, individual published land price, certificate of registered matters, etc.;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Social service order under the Criminal Act;