A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[Basic Facts] On May 16, 2002, F was awarded a successful bid of 137 square meters, etc. on the G road in Pyeongtaek-gun, Gyeonggi-do, and F’s creditors completed the F’s registration of transfer of ownership on the said real estate in lieu of F on May 17, 2002.

After that, on September 2, 2002, F entered into an agreement with the defendant to receive KRW 1 million per square year on the part of the above real estate when the defendant entrusted the sale, development, and sale of the above real estate with I, a representative, and the defendant sold the above real estate at KRW 200,00 per square year, and the conditions such as accepting the consent to use the surrounding land are fulfilled.

On October 19, 2002, the F entered into a re-contract with the Defendant and the Defendant’s de facto wife, and, at the same time, delegated the J with all of the F’s rights to the said real estate, calculated as KRW 1 million per square year, and sold the said real estate to the J. The Defendant and the J paid the purchase price to F. The Defendant agreed to F to pay F the balance of the purchase and sale of the said farmland (such farmland) out of the said real estate at KRW 50 million. Accordingly, on October 29, 2002, the F made the registration of the transfer of ownership to the said real estate before the J.

However, there was a dispute between the defendant's side and F with regard to the implementation of the above agreement, and the F filed a lawsuit against J seeking the cancellation of part of the registration of the above transfer of ownership, and the Seoul High Court rendered a judgment in favor of the plaintiff on October 18, 2007 that the defendant's non-performance of obligation and the cancellation of the ownership transfer registration should be recognized on the ground that the agreement was not implemented on October 19, 2002, and the J was in favor of the defendant, but the J was above, but the appeal was dismissed on March 27, 2008 and became final and conclusive on March 27, 2008 (hereinafter "the first judgment"). Accordingly, the other K's voluntary auction, which acquired the right to collateral security on October 19, 2002, without cancelling the registration of the transfer of ownership under the name of J on March 27, 208.