A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 2012, the Defendant concluded a sales contract with the victim F intent to sell real estate of KRW 100 million at the office of “E” operated by the Defendant, Ga and H, which is the victim F, to the victim’s will, through G and H, the Defendant did not explain any description on the right to collateral security established on the said real estate, while notifying the victim of the fact that the right to collateral security was established on the said real estate at around January 20, 2012, the Defendant concluded a sales contract with the victim to sell the said real estate of KRW 708 square meters, which is the victim F.

However, the Defendant did not have any intent or ability to complete the registration of ownership transfer of the said real estate in the state that the collateral security was cancelled even if the purchase price was fully paid by the victim.

On January 10, 2012, the Defendant received KRW 10 million from the victim as the down payment, KRW 50 million as the intermediate payment around January 19, 2012, and KRW 40 million as the remainder payment around May 7, 2012, and acquired KRW 100 million in total.

Summary of Evidence

1. Each legal statement of the witness F, G, H and J;

1. An investigation report (report, etc. on verification of the relationship of real estate owned by a suspect);

1. All the matters to be registered;

1. A letter of undertaking;

1. Letters and certificates of personal seal impression;

1. A real estate sales contract;

1. Each receipt; and

1. A passbook (national bank), an investigation report (a copy of the details of transactions in the G submitted passbook), and the attachment thereof;

1. Application of Acts and subordinate statutes to search an auction case;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (i.e., favorable circumstances among the reasons for sentencing) begins on or around January 2012, the Defendant had already been in arrears with obligations to financial institutions and interest on bonds. After the commencement of an auction on certain real estate, in the situation where the financial situation significantly worsens after the commencement of the auction on some real estate, the instant real estate was sold by promising the victim to settle the priority