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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On June 2, 2014, the Defendant entered into a contract with the victim D who purchased the land owned by the Defendant and intended to develop the land as a factory site. However, the victim paid only KRW 1158,521,000 on the date of the contract to the Defendant for the payment of KRW 100 million as the down payment, and the victim failed to pay the remainder due to the shortage of funds. Nevertheless, the Defendant and the victim continued to maintain the contractual relationship without cancelling the contract. The victim is continuously liable for development activities and incidental expenses of the said land and prepared a joint agreement with the Defendant providing the land to pay the balance, and the Defendant received the balance to the account under the name of the Defendant for the payment of the balance, and the Defendant agreed to keep it.
The Defendant, on September 24, 2015, engaged in development activities with a victim on September 24, 2015.
Of the land originally intended to be sold to the victim as the introduction of E (hereinafter referred to as "the land in question"), a contract was concluded to sell part of the land in KRW 1.45 billion to G to the private person in this case, and around that time, 80 million was paid from G as the price for the land. On February 22, 2016, H sold part of the land to H who was introduced by the injured party on or around February 22, 2016, received KRW 120 million from H, and received KRW 40 million from the injured party on or around March 10, 2016 while selling part of the land in question, and received KRW 30 million as the down payment, and received KRW 40 million from G on or around December 20, 2016 as the down payment, and received KRW 40 million from G on or around July 25, 2017.
Accordingly, the Defendant agreed to receive the first land price in accordance with the agreement with the victim.
The remainder of KRW 388,231,010, except for KRW 1,158,521,000, is used for the repayment, etc. of the defendant's obligation at will while being kept for the victim.