1. The defendant shall be punished by a fine of five million won;

2. 50,000 won where the defendant does not pay the above fine.

Punishment of the crime

On February 16, 2007, the Defendant entered into a sales contract with the victim E to sell 2 lots of land, such as D Sari, F, and G, owned by the Defendant, within the soup set of No. 201 of the second floor, the Defendant sold 150,000,000 won to the victim E.

Since the Defendant received KRW 100 million from that place as down payment and intermediate payment, the Defendant’s duty to receive the remainder from the victim until March of 2007, which is one month thereafter, and at the same time, to implement the procedure for the registration of ownership transfer of the said real estate.

Nevertheless, on August 26, 2010, the Defendant violated the above duties, sold the said land to I at the HAD office located at the window of Changwon-si, Changwon-si, and completed the procedure for ownership transfer registration on October 12, 2010.

As a result, the defendant acquired property benefits equivalent to KRW 100 million in violation of his duties, and caused property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Partial statement of the defendant;

2. Each legal statement of witness E, J and K;

3. Application of Acts and subordinate statutes to accusation (including contract deposit and land intermediate receipt, each written notification, each certified copy of the register, each number of units), reference materials (which shall be less than 227 pages of investigation records and reply of 233 pages inquiry).

1. Article 355 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. Article 334 (1) of the Criminal Procedure Act.

4. Article 186(1) of the Criminal Procedure Act that bears the burden of litigation costs is the contract between the Defendant and the defense counsel, and the sales contract in the holding (hereinafter “instant contract”) is concluded between E and the Defendant under the name of J. Since it is a contract for a third party to take profits from resale by making interim omission registration with the title of registration in the future between E and J, it is conclusive as it is for the first time to avoid land transaction permission.