The punishment of the accused shall be determined by six months of imprisonment.

Punishment of the crime

On February 11, 2015, the Defendant was sentenced to one year imprisonment with prison labor at the Gwangju District Court on February 11, 2015 and was finally sentenced to three years of probation on February 24, 2015, and is currently under probation.

The defendant is a person who actually runs a corporation C (representative director D).

On September 14, 2010, the Defendant borrowed KRW 50 million from the Defendant’s lending company to the Plaintiff, and then filed a criminal complaint in fraud, and around November 26, 2013, the Defendant, instead of cancelling the Defendant’s criminal complaint against the Defendant (No. 40904 of the Busan District Prosecutors’ Office, 2013). On November 26, 2013, the Defendant agreed to grant the victim the right to sell the F Building No. 501, which was under construction in Gwangju Mine-gu E at the time, to the effect that the Defendant agreed on the victim’s right to sell the said KRW 501,00 from the purchaser of the said KRW 501,00,000,000 from the purchaser, and the victim shall obtain the right to sell the said KRW 501.

Therefore, if the construction of the above F building is completed in accordance with the above agreement and the terms of the sale agreement with the victim, the defendant, as a substantial manager of the corporation C, had a duty to register ownership preservation on the F building 501, and then to register ownership transfer in the name of the victim.

However, the Defendant completed the registration of the preservation of ownership on March 2, 2016 with respect to the above 501, and completed the registration of the transfer of ownership in the name of G, a creditor of the Defendant, around March 17, 2016.

As a result, the Defendant violated his occupational duties, thereby obtaining economic benefits equivalent to KRW 60 million at the market price of the above 501 from G and suffered economic damages equivalent to the same amount as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A copy of each contract for sale in lots or each letter;

1. A certificate of all registered matters;

1. Previouss before and after the judgment: A reply to inquiry, such as criminal history, a report of investigation (a confirmation during the period of probation against a suspect), and the application of statutes attached to the judgment.