1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, 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

[Prior Crimes of the latter concurrent crimes of Article 37 of the Criminal Act] The defendant was sentenced to three years of suspended execution in November 22, 2014 by the Daejeon High Court on November 14, 201, for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment was finalized on November 22, 2014.

【Criminal Facts】

1. On April 9, 2012, the Defendant: (a) at the E judicial scrivener office located in Chungcheongnam-si, Chungcheongnam-si; (b) the victim G via F, “The victim G will sell at KRW 100 million all of the four livestock-raising facilities and the facilities accompanied thereby (hereinafter “grant farm facilities”) located in Chungcheongnam-si, Chungcheongnam-si.”

However, on February 27, 2009, the Defendant leased the said land to 14 million won on a yearly basis from J on behalf of the owner of the land where the farm facilities were installed. At around 2010, the Defendant was informed by the head of the Gun of the removal of the farm facilities granted by J around August 2010 on the ground that malodor occurred in the wind that does not properly dispose of the carcass’s body, and that “the farm facilities to be granted are in violation of the Building Act.” Since the lease contract was terminated in 2012, the Defendant did not have any intent or ability to allow the use thereof properly even if selling the farm facilities granted to the victim.

Nevertheless, on April 26, 2012, the Defendant did not notify the victim of the above contents, and received the victim’s 30 million won at the market price from the victim as the purchase price, and on May 3, 2012, the Defendant acquired the property totaling KRW 100 million at the market price by acquiring the ownership transfer registration in the name of an agricultural corporation, which is operated by N with respect to the 70 million square meters of the market price, through each person in charge of K and limited liability companies L, by having the victim complete the ownership transfer registration in the name of an agricultural corporation, which is operated by N in 621 square meters of the market price.

2. A rice farm.