A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

Around September 2004, the Defendant, through joint investment with the victim C, built a new building in common with the victim C, and settled the shares of the investment by distributing individual commercial buildings to the victim and the above building. During that process, the Defendant received distribution of the 104 commercial buildings of the above building (hereinafter “instant commercial buildings”) from the defendant, and completed the registration of ownership transfer for the instant commercial buildings in the name of the defendant around September 24, 2004 by mutual agreement with the victim.

On November 25, 2005, the Defendant: (a) took into account the fact that the victim, who was distributed and completed the registration of ownership transfer in the process of selling the commercial buildings in the above building, sold the commercial buildings at a price higher than the expected commercial buildings; (b) accordingly, the Defendant paid the debt of the financial institution established in the commercial buildings in this case; and (c) made a promise of donation with the victim to transfer the commercial buildings in this case to the victim; and (d) made a written agreement on June 25, 2005, which made the said promise of donation with the victim in writing.

Accordingly, the defendant had a duty to implement the procedure for the transfer of ownership of the commercial building of this case to the victim.

On October 22, 2013, the Defendant, in violation of the foregoing duties, sold the instant commercial building to G at the F Judicial Scriveners Office located in Seongbuk-gu, Changwon-si, Sungwon-si, for KRW 235 million, and completed the registration of ownership transfer to G from the registration division of the Changwon District Court on the same day.

As a result, the Defendant acquired the above real estate market value of KRW 235 million and suffered the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including H and I substitute part);

1. Each police statement made to I;

1. Application of Acts and subordinate statutes to a written agreement;

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