A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Basic Facts] On June 23, 2008, the Defendant was awarded a successful bid on C building 301 (hereinafter “the loan of this case”) at Jeju-si, and paid the price in full and completed the registration of transfer of ownership.

On the other hand, since March 11, 2005, the loan of this case was set up as the lessee D who is residing in the move-in report after completing the move-in report, and D terminated the lease contract concluded with the former owner after receiving distributions in the auction process of the above loan, but D clarified the defendant's intention to purchase the above loan, and the defendant sold the above loan to D at the price of KRW 70 million, and the contract was concluded orally between them.

However, D did not pay the purchase price.

Around September 30, 2008, the Defendant entered into a contract with the victim E to sell the above lending amount to 69 million won (a contract deposit of KRW 10 million, a loan of KRW 35 million, and a balance of KRW 24 million shall be paid until December 31, 2008) with the victim E, and received the down payment of KRW 10 million from the victim.

However, the Defendant entered into a contract with D on June 25, 2009 and entered into a lease agreement with D on June 25, 2009 (a security deposit38.5 million won, a loan30 million won, and a loan31.5 million won on June 25, 2010) with D on several occasions, including the Defendant received KRW 5 million from D to June 25, 2009 as part of the purchase price of loan from D, and the Defendant received KRW 38.5 million in total from D on several occasions. On June 25, 2009, the Defendant entered into a contract with D on the condition that ownership is transferred to the lessee if he succeeds to the obligation of KRW 1.5 million on June 25, 2010.

On the other hand, the victim did not make efforts to execute the sales contract for the above loan even if the victim received the down payment of KRW 10 million as above.