A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The Defendant is a person who actually operates a “C” corporation with the location of the head office of No. B 201 at Jeju, which is engaged in real estate sales and consulting business.

On June 8, 2016, the Defendant entered into a real estate sales contract with the victim E and C (hereinafter “instant land”) on the condition that the Defendant would be paid a down payment of KRW 3.8 million on the day of the contract, intermediate payment of KRW 36.2 million on the 14th day of the same month, and KRW 8 million on the 28th day of the same month, on the 2016 Daegu-gu Office of “C” located in Daegu-gu, Daegu-gu, Inc., on the condition that the Defendant would be paid a balance of KRW 3.8 million on the 28th day of the same month.

Inasmuch as the Defendant received the down payment, intermediate payment, and balance from the injured party pursuant to the above sales contract, even though there was a duty to transfer the ownership (transfer of shares) of the instant land to the injured party, the Defendant borrowed money from G in violation of his/her duties and established a provisional registration of the right to claim for registration of transfer of ownership based on the pre-sale for sale and purchase in violation of his/her duties and made a registration thereof with G around July 15, 2016, thereby obtaining property benefits equivalent to KRW 48 million in total the purchase price of the instant land and causing property damage equivalent to the same amount to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Recording notes of the contents of investigation into the recording of each reference witness H and I telephone;

1. A copy of land transaction contract;

1. Five copies and a detailed statement of accounts to transfer the purchase price;

1. A copy of a certificate of all the matters to be registered (net 4);

1. Application of statutes to a copy of a written performance;

1. Article 355(2) and (1) of the Criminal Act regarding criminal facts, Article 355(2) of the Act on the Selection of Punishment, and Article 355(1) of the Criminal Act recognize the defendant to commit a crime, and there are no records of the same kind of crime.

The defendant is obliged to pay the balance from the damage caused by the contract of this case and transfer the registration of equity.