A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On December 22, 2011, the Defendant entered into a contract with C to vicariously sell “(State)D” operated by C and “Gtel” located in Gangseo-gu Seoul Metropolitan Government E and F (hereinafter “Gtel”) constructed by the said company.

On January 13, 2012, the Defendant concluded a sales contract with the victim H to sell the instant office No. 401 at the Gangseo-gu Seoul Metropolitan Government Gtel’s first 404, stating that “The instant office No. 2 would sell the instant office.” However, on January 16, 2012, the Defendant concluded a false contract with the victim H to the effect that “It is possible to register the sales price by March 28, 2012, if the victim would not purchase the instant office No. 401 at the new construction site at the same place as above, “No. 401 of the first office 401 as the first office 401 of the instant office 401 of the construction site at the same place.”

However, the Defendant concluded a sales agency contract with C and agreed to pay KRW 150,000 as performance guarantee money, and the instant officetel owned by D are entrusted to Korea trust company. Therefore, it was well known that the sales price should be paid to Dong Savings Bank, which is the creditor bank of the said company, but the transfer of ownership is possible to the victim.

Even if the Defendant received the sales price from the victim, he was thought to have C use it or to use it for the office expenses operated by the Defendant, so there was no intention or ability to transfer the registration of the instant officetel No. 401 until the date of the promise by having C deposit the sales price received from the victim into the Dong Savings Bank.

After all, the Defendant received KRW 5 million from the victim to the Agricultural Cooperative Account under the name of the Defendant on January 13, 2012, and received KRW 50 million from the bank account under the name of the Defendant on January 16, 2012, and transferred KRW 50 million to the bank account under the name of the State (State) in cash on the same day. 5,54.