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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is the actual owner of G apartment complex (hereinafter “instant apartment complex”) that was newly built in Busan-gu F, Busan-gu, and the victim H was the investor of the instant apartment complex construction project and was registered as a joint owner with the Defendant’s denial I and obtained approval for the use of the apartment complex as an investor of the instant apartment complex construction project, and the Defendant shared 1/2 of the shares of each household in the instant apartment complex.
Without the consent of the victim, the defendant issued a sale agreement with J on January 7, 2016 regarding the apartment complex 1001, which was composed of "K" (JJ's children), "the victim, I, and L", "the seller's victim, I," and "I," and will sell the apartment complex.
The promise was made on June 1, 2016 to the victim during the period of transferring the shares (i/2) (i/2) on the part of the defendant (I) in the instant apartment No. 1001 to the disposal authority.
Accordingly, the victim secured the right to dispose of the whole apartment No. 1001 of this case, sold it to M, and acquired KRW 184,00,000 for the purchase price.
Around August 17, 2016, the Defendant: (a) sold the instant apartment Nos. 1001 to the J, and (b) made a false statement to the effect that it would result in the Defendant’s free will in consultation with himself to pay the price to the J; (c) prepared a certificate of fact-finding on August 17, 2016, and issued a notarized certificate (hereinafter “certificate”) to the J and received the sales price of the instant apartment Nos. 1001 by filing a civil lawsuit against the victim.
Therefore, the Defendant, around August 22, 2016, had JJ as the Plaintiff at the public service center of this court, U.S. as the Plaintiff, and paid the victim the purchase price of the instant apartment No. 184,000,000, which was agreed with K.