Defendant

A shall be punished by a fine of KRW 700,000 and by a fine of KRW 700,000.

The above fine is imposed against the Defendants.

Punishment of the crime

The Defendants, D (the mother of Defendant A) and victim E jointly purchased land located in Scheon City from F on May 23, 2005 and completed the registration of ownership transfer in Defendant A on the same day. ② On June 1, 2005, the Defendants, D (the mother of Defendant A) and victim E jointly purchased land located in Scheon City from H and two others and completed the registration of ownership transfer in D on the same day.

Defendant

A and D kept 1/4 shares, which are the shares of the victim E, in the above land, for the victim after being entrusted with the name of the victim, as seen above, and Defendant B did not receive a refund equivalent to KRW 60 million from the victim, the Defendants sold the above land to cover the above claim with the price, and D delegated the Defendant A with the authority to dispose of the above I's land.

On July 15, 2009, the Defendants jointly concluded a sales contract to sell each of the above lands to K at the real estate brokerage office located in the jurisdiction of the Jung-gu Government City on July 15, 2009, and around that time, after completing the registration of ownership transfer for each of the above lands, the Defendants embezzled an amount equivalent to KRW 52,50,000 equivalent to KRW 1/4 of the above victims’ shares out of the market price of KRW 210,000.

Summary of Evidence

1. The defendants' statements in the first protocol of trial

1. A certified copy of each land register;

1. Statement to E by the police;

1. Application of a copy of a land sales contract statutes;

1. Articles 355 (1) and 30 of the Criminal Act applicable to the relevant criminal facts;

1. Selection of a fine (the fact that the defendant appears to have considerable claims to be paid by the victim, such as capital gains tax paid by him/her, and the circumstances leading to the instant crime, etc. shall be taken into account);

1. Articles 70 and 69 (2) of the Criminal Act;