A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 28, 2017, the Defendant entered into a sales contract with the victim D and the Defendant’s wife on the “C judicial scrivener’s office located in Chungcheongnam-gun B, Chungcheongnam-gun, Chungcheongnam-do, the Defendant: (a) received the down payment of KRW 17 million on the date of the contract; and (b) received the payment of KRW 150 million on October 31, 2017 and the remainder of KRW 153 million on October 31, 2017; and (c) agreed that the Defendant completed the registration of ownership transfer to the victim after obtaining permission for the development of the instant real estate.

According to the above agreement, the Defendant received KRW 17 million from the victim to the J account under the name of the E as the down payment on the day of the contract, and received KRW 153 million from the same account as the intermediate payment and the remainder on October 27, 2017. As such, the Defendant was obligated to implement the procedure for the registration of ownership transfer of the instant real estate upon completion of the permission for the development of the instant real estate.

On May 20, 2018, the Defendant, in violation of the foregoing duties, entered into a contract for the sale of the instant real estate with M at the “L judicial scrivener office” located in the Y of Chungcheongnam-gun, Chungcheongbuk-gun, and completed the registration of ownership transfer for M on June 26, 2018.

Accordingly, the Defendant acquired economic benefits from the amount of money obtained by deducting the secured claim of the establishment registration of the neighboring real estate from the value of June 26, 2018, and caused the damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of E;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each real estate sales contract, a certificate of transaction particulars, and a full certificate of registration entries;

1. Relevant Article 355 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Legal provisions;