1. The defendant shall be punished by imprisonment for a period of one year and six months;

2. Provided, 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

The Defendant is an owner of a building of 321.7 square meters and five-story building and land (hereinafter referred to as “deficial real estate”) located in Busan Jin-gu B.

On October 29, 2019, the Defendant: (a) sold the said real estate owned by the victim E and the Defendant in the fourth floor office of the D Printed Office located in Busan District, Busan District; (b) concluded a contract deposit with the date of the contract; (c) KRW 100 million as the intermediate payment on November 4, 2019; and (d) agreed to take procedures necessary for the registration of transfer of ownership of the said real estate at the same time as the receipt of the balance and the registration of transfer of ownership of the said real estate, by concluding a contract to sell the said real estate to the victim E and the Defendant at the fourth floor office of the D Printed Office located in Busan District, Busan District.

In accordance with the agreement, the Defendant received KRW 100 million from the victim immediately, and received an intermediate payment of KRW 220 million from the victim to the F bank account under the name of the Defendant on November 4, 2019, and accordingly, on December 10, 2019, the Defendant had a duty to receive the remainder of KRW 2.8 billion on December 10, 2019, at the same time, to implement the procedure for ownership transfer registration of the said real estate.

Around January 21, 2020, the Defendant entered into a real estate sales contract that sells the above real estate to G Co., Ltd. for KRW 4 billion, and received KRW 400 million as the down payment on the same day, and completed the registration of ownership transfer on February 6, 2020, and received the remainder of KRW 3.6 billion on the following day.

Accordingly, the defendant acquired property benefits equivalent to KRW 1.4 billion, which is the exchange value of the above real estate, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. A real estate sales contract between the complainant, the complainant and the suspect A, a real estate sales contract between G and the suspect A, a certified copy of the real estate register, the down payment and the intermediate payment transfer of the suspect A, a record of receipt by the complainant of the down payment and the intermediate payment from the suspect, a recording between the suspect and the complainant, a criminal investigation report (the progress of the real estate sales contract).