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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[2011 Highest 7875]
1. Around April 3, 2008, the Defendant, in breach of trust against the victim C, agreed with the victim C to sell the victim C a total of KRW 3.8 billion ownership share of KRW 45 percent owned by the Defendant, which is located in the Gangnam-gu Seoul Metropolitan Government D, 326.1m2m2 and the 326.2m2m2 and its ground surface, and the 8m2m2 above ground surface (hereinafter “F building”). However, the Defendant agreed with the victim that the share of KRW 45% owned by the Defendant, the Defendant’s third village, among the F building and its site, shall also be held liable and transferred.
In addition, the Defendant agreed to allow the victim to acquire the shares of the Defendant in the above F building site through a public sale procedure that was in progress at the time, and to deduct the amount equivalent to the acquisition price from the purchase price.
Around April 3, 2008, the Defendant received 300 million won from the victim as the down payment for the F building and its site purchase price; 40 million won as the intermediate payment; around June 2008, around March 23, 2009; 320 million won on or around June 3, 2009; 16 million won on or around June 3, 2009; 40 million won on or around June 4, 2009; 180 million won on or around June 30, 2009; 596 million won on or around June 30, 2009; and the victim acquired 40 million won on or around July 2010 as the remainder of the purchase price; and 1.5 billion won on or around July 2010, through a public auction procedure, on or around July 2010.
Therefore, the Defendant received the F building and intermediate payments from the victim on or around June 30, 2009, and there was a duty to receive the remainder on or around July 2010, the outstanding payment date, and at the same time to transfer the Defendant’s share in the F building to the victim a complete right. However, around July 28, 2009, the Defendant acquired financial benefits equivalent to 16.5 million won (5% of the rental deposit, 30 million won received from the above H, and 55% of the rental deposit received) by leasing 506 units of a building in F building to H for residential purpose and closing the move-in report.