A defendant shall be punished by imprisonment for not less than five 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 October 16, 2016, the Defendant: (a) at the C Licensed Real Estate Agent Office located in Gyeonggi-gun B of Gyeonggi-gu, the Defendant: (b) sold F apartment G (hereinafter “instant apartment”); (c) sold the victim F apartment G (hereinafter “the instant apartment”); (d) concluded a sales contract stating that “The purchase price of KRW 315 million and the down payment of KRW 15 million shall be paid at the time of the contract, the intermediate payment of KRW 15 million shall be paid on March 31, 2017; and (e) the remainder of KRW 200 million shall be paid on April 28, 2017,” and (e) concluded that the victim shall be liable for the payment of the remainder before the buyer (victim) pays the remainder of the registration of seizure established in the instant apartment from the National Health Insurance Corporation with the unpaid medical insurance premium; and (e) made a false payment for H bank loans worth KRW 240 million, which is secured with the purchase payment received from the buyer.”

On March 29, 2017, the Defendant again drafted a sales contract on the apartment of this case with the victim D on March 29, 2017. The Defendant agreed that “The sales price of KRW 315 million, the down payment of KRW 10 million, the intermediate payment of KRW 10 million shall be paid on March 29, 2017, and the intermediate payment of KRW 80 million shall be paid on November 30, 2017, and the remainder of KRW 125 million shall be paid on February 15, 2018.” The Defendant again concluded that “The Defendant shall be liable for the payment of the remainder before the buyer (victim) pays the remainder of the registration of seizure established on the apartment of this case from the National Health Insurance Corporation due to the unpaid medical insurance premiums, and shall be repaid at H bank at KRW 240 million, which is secured by the purchase price received from the buyer.”

However, the Defendant had been over KRW 50 million due to the aggravation of the economic condition of the clothing store that the Defendant had operated for more than three years, and the unpaid amount of tax was more than KRW 80 million in total, and the unpaid amount of tax in arrears for the Defendant and his children was the lessee of the instant apartment.