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

Punishment of the crime

The Defendant is the owner of a well-known square registry (hereinafter referred to as “instant land”) and a person operating “E” on the land above Gwangju City, which is the owner of a well-known square registry (hereinafter referred to as “E”).

1. On August 17, 201, the Defendant recommended the victim G to purchase the instant land and the substitute driving room located in Gwangju City, in the Defendant’s residence located in Gwangju City, the Defendant concluded a sales contract with the victim to the effect that “if the purchase price is paid, the Defendant would release all of the burdens, such as collateral security, seizure, provisional seizure, etc. established on the instant land, and would prejudice the transfer of ownership.” On the same day, the Defendant concluded a sales contract with the victim for the said land and the substitute driving room with the total purchase price of KRW 200 million ( KRW 130 million in the land purchase price, KRW 70 million in the substitute driving room, KRW 20 million in the same day, and KRW 20 million in the same day from the victim on November 4, 2011, and KRW 130 million in total on the date on which the payment was later made.

However, even if the defendant received the purchase price from the victim, he did not have the intent or ability to release the burden of collateral security established on the above land.

Therefore, among the above 170 million won which the defendant received from the victim, 100 million won which was paid as the above land sale price was acquired by the defendant.

2. Before completing the registration of ownership transfer for the instant land to the victim, the Defendant made a false statement to the effect that H applied for a voluntary auction on the said land to the victim at the Defendant’s residence located in Gwangju-si, Gwangju-si, that “If the instant land was made to be held in excess of H due to a voluntary auction applied by H, KRW 60 million shall be paid to H, and if the land was withdrawn from voluntary auction, all of the burden, such as collateral security established on the said land, shall be released, and KRW 30 million out of the above 60 million shall be deemed to have been paid in lieu of the balance of the said land, and the remainder of KRW 30 million shall be repaid.”

However, it is true.