A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 26, 2009, the Defendant entered into a contract with the following terms: (a) to purchase a total of nine households (including 101, 201, 202, 301, 302, 401, 402, 402, 501, and 502) from the owners of two non-T and two owners of the non-T to purchase KRW 1.180 million (hereinafter the sales contract in this case); (b) to pay KRW 100 million for the same day as the down payment; (c) to pay the remainder of KRW 100 million (including loans of KRW 90 million) on November 26, 2009; and (d) to pay the provisional registration for the remainder of KRW 201,300,000,000,000 (including loans of KRW 90,000), and at the same time, to claim ownership transfer registration under the name of the Defendant’s claim for ownership transfer registration.

In addition, at the time of the conclusion of the instant sales contract, the Defendant entered into a special agreement with the seller that “if the buyer fails to pay any balance, or if the buyer fails to perform the registration of ownership transfer and the assumption of obligations, the contract shall be terminated by not later than five months after the remainder payment date ( April 30, 2010).”

The Defendant failed to pay the remainder to the seller by November 26, 2009, which is the remainder date of the instant sales contract, and the Defendant was in a situation where it was difficult to assume the obligation due to the failure to meet the requirements for taking over the collateral security obligation set forth in the said IBD 201, and thus, the sales contract for the said IBD 201 was de facto terminated according to the instant sales contract agreement.

In addition, the defendant was well aware that the voluntary auction of the above IBD 201 will soon commence because he did not pay the interest on the above obligation, and that the lessee who entered into a lease agreement with a non-owner will not be paid the deposit preferentially.

Nevertheless, the Defendant, in collusion with the Defendant’s wife M on December 16, 2010, did not notify the victim U of the above situation at the H office located in Seo-gu Incheon, Seo-gu, Incheon.