A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

When the Defendant, as the representative director of D, who is a real estate planning company, becomes aware of the fact that the victim G and the victim H, who is the owner of the "Yong Chang-gun E and F of Gangwon-do," was urgently required, on September 2015, the Defendant would pay to the victims of the J real estate located in Gwangjin-gu Seoul Special Metropolitan City, by October 31, 2015, the amounting to KRW 44,800,000 as the price for the land to the Party who sold the land by the beginning of September 2015.

In concluding that “A real estate transaction agreement is false, the Defendant paid the price by October 31, 2015, and the agreement is rescinded if not sold until that date, and if the purchase price is not paid by October 31, 2015, the amount of the purchase price shall be paid to the victims.” In so doing, the Defendant explicitly stated that “The amount of the purchase price shall be paid to the victims.”

However, in fact, the Defendant had already decided to sell Lancheon City to K around the end of February 2014 and had received KRW 54,150,000 from K to receive the payment of KRW 54,150,000, and had escaped from K on October 13, 2014 to September 2015. One parcel after the victims received the instant N2 parcel from the victims was immediately sold, and was thought to be used as its office operation expenses or employees’ allowances. The other one parcel was considered to have been transferred to K as a criminal agreement. The Defendant was thought to have normally sold the said piece of land, and had no intent or ability to pay the victims the purchase price of KRW 44,80,000,000, and had not been paid until October 31, 2015.

Nevertheless, on September 10, 2015, the Defendant, by deceiving the victims, obtained the registration of transfer of ownership on two parcels of the above land (a total of KRW 44,800,000 from the victims and sold to others in total of KRW 81,150,000) from the victims and acquired the registration of transfer of ownership.

Summary of Evidence

1. The defendant's person;