A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Punishment of the crime

"2015 Godan751" as the representative of C, who is a planning real estate business entity, purchased "3,250 square meters" from the Seocho-doman on January 2015, the Defendant intended to sell and take profits from dividing and selling it.

On January 5, 2012, the Defendant entered into a land sales contract with E who wishes to purchase the above real estate and with the purchase price of KRW 150 million as to the above 62 square meters among the above land, and received KRW 15 million as the down payment on the same day from the above E, and KRW 132 million as the remainder payment on January 12, 2012, respectively.

Around January 14, 2012, the Defendant continued to enter into a land sales contract with F, the owner of the above land of KRW 3250 square meters, with the purchase price of KRW 353.8 million, and paid KRW 25 million out of the purchase price received from the above E as a down payment to the above F, but the said contract was rescinded due to the failure to pay any balance by February 29, 2012, which is the remainder payment date.

On May 2012, the Defendant had already terminated the contract with the above F. In addition, the Defendant assumed the obligation to return the land price of KRW 147 million to the above E. In addition, the obligation of an individual and the above business entity was approximately KRW 350 million, and even if the Defendant received money from the victim G who wished to purchase the above land as the price for the above land, he tried to use it as the price for the above business entity’s employee’s salary, company’s operating fund, personal debt repayment, etc., instead of the purchase price for the above land, and did not have the intent to transfer the above land to the victim by acquiring the ownership of the above land.

Nevertheless, around May 21, 2012, the Defendant entered into a land sales contract with the victim and the Gyeonggi-do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do as to the land purchase price as to the land ownership of part of the land through I, who is an employee of the said company, as the above company, as if he transferred the ownership of part of the land to the victim.