A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On September 21, 2012, the Defendant concluded a sales contract of KRW 60 million with the victim B on the amount of “414 square meters of land in Pyeongtaek-gun C” at the office of a mutual infinite real estate intermediary located in Pyeongtaek-gun, Pyeongtaek-gun, Chungcheongnam-do.

The Defendant received KRW 30 million from the injured party under the above contract and received the intermediate payment of KRW 10 million from the injured party around October 21, 2012. As such, the Defendant stated the remainder KRW 20 million in the indictment around December 31, 2012, which is the date of payment of the remainder, as KRW 30 million. However, since the remainder KRW 10 million was already paid as an intermediate payment, it is reasonable to deem the remainder that the payment on the remainder date is KRW 20 million,00,000,000,000,000 won, which is to be paid on the remainder date, is apparent that it is a clerical error, and even if it is corrected without the amendment to the indictment, it does not seem ex officio to have any substantial disadvantage to the Defendant’s exercise of his right to defense.

At the same time, there was a duty to implement the registration procedure for the transfer of ownership to the victim.

On July 12, 2015, the Defendant, in violation of the foregoing duties, set up a collateral security of KRW 40 million with the maximum amount of KRW 40 million at the registry office around July 12, 2015, and set up a collateral security of KRW 80 million with the maximum amount of claims to E around September 24, 2015.

Accordingly, the Defendant acquired property benefits equivalent to KRW 60 million, which is the market price of the above real estate, D and E, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police with regard to F;

1. An investigation report (related to the G agricultural partnership);

1. Complaint;

1. A real estate transaction contract and a survey map;

1. Application of Acts and subordinate statutes governing registration;

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

1. The former part of Article 37 of the Criminal Code, and Article 38.