Defendant

A shall be punished by imprisonment with prison labor of four months, by imprisonment with prison labor of one year and six months, and by fine of two thousand won, and by imprisonment of one year and six months.

Punishment of the crime

"2013 Highest 4112"

1. Defendant A purchased approximately 8,672 of forest land, including H, around January 5, 2009, around 8,672 in the name of the wife and carried out the electric source housing site project.

Defendant

A around May 25, 2009, at the office operated by the Defendant in the Nam-gu J of Ulsan-gu, Ulsan-gu, entered into a sales contract with the victim for approximately 226.2 square meters ( approximately 2.6 percent of shares) of the above forest owned by the Defendant in his wife as KRW 113 million, and received KRW 20 million as the down payment on the same day and KRW 80 million as the intermediate payment on the 28th day of the same month.

In such a case, the Defendant violated his duty to obtain the payment of the remainder of KRW 13 million from the victim and at the same time, while performing the procedure for the registration of ownership transfer of the said real estate. Around June 16, 2009, the Defendant obtained a loan of approximately KRW 650 million from the agricultural community located in Ulsan-gun, Ulsan-gun, U.S., the Defendant established the right to collateral security with a maximum amount of KRW 845 million. Around April 29, 2010, the Defendant created the right to collateral security with an additional loan of KRW 100 million from the agricultural community located in the above Seocho-gun around April 29, 2010 and completed the registration of the establishment of the right to collateral security with a maximum amount of KRW 100 million with a maximum amount of KRW 130 million.

As a result, the Defendant acquired financial benefits equivalent to the amount of KRW 750,00,00 in the secured debt amount of the instant right to collateral security (=650,000,000,000,000) corresponding to the amount of the victim’s share among the maximum amount of the said claim - KRW 371,479,450 in total amount of the existing secured debt amount (= KRW 2,51,479,450 in total) = 378,520,550 in x 2.6% in equity ratio of shares of KRW 378,520,550 in total, and suffered financial damages equivalent to the amount of the said secured debt.

2. Defendant B purchased the above real estate from the above Defendant B under the name of friendly C around August 9, 2010, and received all claims and obligations related to the above business. Thus, such claims and obligations were taken over.