A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 29, 2014, the Defendant entered into a contract to sell land C, D, and E to the Victim F (a contract amount of KRW 30 million, intermediate payment of KRW 50 million, KRW 75 million, total of KRW 15 million) in the U.S. office near Jeju District Court near Jeju District Court, Jeju Island.

According to the above sales contract, the Defendant received 30 million won from the victim as the down payment on the same day, and 40 million won as the intermediate payment on August 22, 2014 (the intermediate payment was changed to 40 million won by agreement between the parties, but the intermediate payment was 50 million won). As such, the Defendant’s duty to receive the remainder from the victim and to implement the procedure for the registration of ownership transfer for the said real estate was incurred.

Nevertheless, on September 3, 2014, the Defendant violated the foregoing duties and sold Jeju-si land to G, and sold Jeju-si land to H, and on the same day, at the Jeju District Court registry office located in Jeju-si, the Defendant issued the said G and H a registration of transfer of ownership of each of the above land D and E.

Accordingly, the Defendant acquired property benefits equivalent to KRW 1550,550,000 of the market price of the above real estate, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Each legal statement of witness F and I;

1. Police suspect interrogation protocol of the accused;

1. A real estate sales contract and a full certificate of registered matters;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Relevant Article 355 (2) and (1) of the Criminal Act and the choice of punishment: Imprisonment with prison labor;

1. Suspension of execution: Article 62(1) of the Criminal Act (see, e.g., Supreme Court en banc Decision 2014Do3363, Aug. 21, 2014) (see, e.g., Supreme Court en banc Decision 2014Do363, Aug. 21, 2014); the reason for sentencing [Attachment Criteria]