A defendant shall be punished by imprisonment for not less than eight months.

Criminal facts

[Attachment] On September 3, 2014, the Defendant was sentenced to five months of imprisonment for violating the Farmland Act at the Changwon District Court on September 3, 2014, and the said judgment was finalized on September 11, 2014, and completed the convict life on November 18, 2014.

Around 16:00 on October 30, 2012, the Defendant entered into a sales contract to sell 60 square meters (200 square meters) out of 1,177 square meters of the answer 1,177 square meters owned by the Defendant to the victim D on the real estate in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Kim Sung-gun (Merger to F on December 26, 2012), and entered into an agreement to exchange KRW 20 million on the date of the contract, and KRW 77 million on November 30, 2012 in exchange for the documents required for the registration of ownership transfer with respect to the above land, and received KRW 20 million from the victim of the same day the down payment was transferred to the Defendant G Union account (H) account.

However, the Defendant, even after the expiration of the remaining payment date, failed to obtain permission to divert farmland from the victim at the time of the contract and transferred the ownership of the above land, stated that “If the road construction is completed, it may obtain permission to divert farmland on the above land” from the victim as an intermediate payment, and agreed to receive KRW 10 million from the victim as an intermediate payment and pay the intermediate payment as above. On February 7, 2013, the Defendant received the intermediate payment of KRW 10 million from the victim to the said G association account.

Therefore, the Defendant received down payment of KRW 20 million and intermediate payment of KRW 10 million from the victim as above. Therefore, there was a duty to receive the remainder and to implement the registration procedure for transfer of ownership of the said land to the victim simultaneously with the receipt of the remainder.

In breach of the above duties, the Defendant borrowed KRW 30 million from I on February 25, 2013, and then borrowed KRW 30 million from I on the same day, and at the Changwon District Court, Gosung Branch, which is located in the area of 110, the Gosung-gun, Gosung-gun, Gosung-gun, other than the Gosung-gun, Gosung-gun, Kim Sung-gun, in addition to the aforesaid duties, KRW 3