A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The Defendant owned 663,149,280 shares of 762,20,892/762,200,892 with respect to the area of 1,350.8 square meters of the Nam-gu Seoul Metropolitan City D site.

On December 4, 2007, the Defendant received a decision of adjustment from the Daejeon District Court Branch on December 25, 2007 to implement the procedure for the registration of transfer of ownership to the victim E on the ground of a self-agreement on March 29, 1995 with respect to 130,640,408 shares of the above site (hereinafter “instant shares”) from the Daejeon District Court Branch of the Daejeon District Court (hereinafter “Seoul District Court”), and upon which the above decision became final and conclusive on December 25, 2007, the Defendant had a duty to implement the procedure for the registration of transfer of ownership to the victim.

Nevertheless, on March 3, 2014, the Defendant, in violation of his duties, sold all shares in the Defendant’s land, including the instant shares, to F in excess of KRW 912 million, and completed the registration procedure for ownership transfer on or around the 27th of the same month, thereby acquiring benefits equivalent to KRW 158,826,601 corresponding to the market price of the instant shares and incurring damages equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Statement of decision substituting conciliation;

1. A whole certificate of complaint, finalized certificate, and registered matters;

1. Application of the Acts and subordinate statutes to the complaint;

1. There is no reason [the scope of recommendation] (1-3 years to be sentenced] in the basic area (one-5 years to 500 million won) of the type 2 (the scope of recommendation] of the punishment (one-50 million won to 100 million won) under the pertinent legal provisions for criminal facts, Articles 355(2) and (1) of the Criminal Act for the choice of punishment, and the grounds for sentencing of imprisonment [the scope of punishment] [the decision of sentence] [the person who is subject to special sentencing] [the decision of sentence] in violation of his/her duty despite the court’s duty of registration of transfer of ownership became final and conclusive through the court’s conciliation procedure, there is a high possibility of criticism by selling land to a third party at his/her own discretion, the damage amount is not restored to a part corresponding to the name of KRW 150 million, and there is no history of the same crime and there is no criminal punishment exceeding the fine.