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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On February 8, 2012, the Defendant: (a) concluded a sales contract to sell part of 663 square meters (hereinafter “instant real estate”) among “D 4946 square meters in Chungcheongnam-gun, Chungcheongnam-do” (hereinafter “instant real estate”) to the victim for KRW 82,00,000; and (b) agreed to receive KRW 50,000,000 from the victim on February 9, 2012 without an intermediate payment agreement, when the Defendant was paid KRW 50,000 from the victim on February 9, 2012, the Defendant performed the instant real estate reclamation work and completed the registration of ownership transfer for the victim; and (c) agreed to receive KRW 32,00
After receiving a down payment of KRW 50,000,000 from the victim pursuant to the above agreement, the Defendant concluded a sales contract to purchase the purchase price of KRW 150,000,000 from the said C for the purchase of KRW 150,000,000,000, the Defendant paid KRW 120,000 to C on the same day and agreed to receive the registration of ownership transfer at the same time until May 8, 2012.
Therefore, the defendant's duty to implement the procedure for the transfer of ownership to the real estate of this case has occurred.
Nevertheless, on April 12, 2012, the Defendant violated the aforementioned duties, and completed the registration of establishment of a neighboring mortgage, which is the debtor, A, a mortgagee, and a mortgagee, with the maximum debt amount of KRW 225,00,000,00,00, the maximum debt amount of KRW 150,000,000, the maximum debt amount of KRW 150,000,000, the maximum debt amount of KRW 130,000,000, the maximum debt amount of KRW 130,000,000, the debtor A, and the mortgagee H.
As above, the Defendant acquired property benefits equivalent to KRW 82,00,000 in the market price of the instant real estate and suffered damages equivalent to the same amount as the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Complaint;
1. Application of Acts and subordinate statutes on real estate sales contracts;
1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;
1. Article 62(1) of the Criminal Act: