Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

1. On April 2008, the Defendant in occupational breach of trust was delegated with the affairs concerning the conclusion and transfer of a sales contract for E 2,975 square meters (hereinafter “instant land”) from the victim D at a certified judicial scrivener office operated by the Defendant, who was in Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-gu, Seoul, and received KRW 300 million from the land purchase price and fees.

Since the instant land was land within the land transaction permission area, around May 2008, the Defendant paid KRW 270,000 to F, the owner of the instant land, the purchase price of which was KRW 200,00,00,000, and paid KRW 270,000,00 to the obligor, and subsequently, decided to complete the registration of ownership transfer when the designation of the land transaction permission area was cancelled.

However, on December 1, 2009, the defendant filed an application for a payment order stating that 300 million won should be returned to the victim, and on April 1, 2010, the judgment was rendered to return 300 million won to the victim in the Gangseo Branch Branch of the Chuncheon District Court on April 1, 2010.

Therefore, until the defendant returns KRW 300 million, the defendant had a duty not to perform any act that could cause property damage to the victim by cancelling the registration of the establishment of the above mortgage in the name of the victim.

Nevertheless, on April 30, 2010, the Defendant violated the aforementioned duties at the Simju registry office located in the Simju-si, Geumju-si, in violation of the said duties, and at the same time cancelled the registration of the establishment of the above mortgage and completed the registration of the ownership transfer of the land in the name of the Defendant.

As a result, the defendant acquired property benefits equivalent to KRW 300 million in violation of occupational duties, and caused the same damages to the victim.

2. On April 29, 2010, the Defendant forged private documents, at the office of a certified judicial scrivener of the Defendant located G in G at the time of strike, as to the instant land.