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

However, 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

On September 6, 2010, the Defendant purchased Jeju-si D from F, the actual owner of the child of E, who is a registered titleholder, at KRW 71,384,00,000,000, and received from F a sales contract, letter of delegation, and receipt of a certificate of personal seal impression, for the purpose of selling the said land in installments.

At the time, the right to collateral security was established in the name of the Jung-gu Agricultural Cooperative, the maximum debt amount of which is KRW 52 million on September 4, 2009, and the Defendant borrowed KRW 240 million from G to prepare the above purchase price, and the Defendant established the provisional registration of the right to claim the transfer of ownership on the above land on December 3, 2010. Thus, in order for the Defendant to divide the above land and transfer the ownership to another person, the registration of the right to collateral security and the right to claim the transfer of ownership should be cancelled in advance.

On December 27, 2010, the Defendant entered into a contract to sell 500 square meters (i.e., “J orchard 1653 square meters” in the division of March 4, 2011) among the above land to the victim C by making the seller E at the I office operated by the Defendant in Jeju-si, and agreed to complete the division and the registration of transfer of ownership on January 27, 201, when receiving the down payment of KRW 10 million from the victim.

However, while the Defendant failed to cancel the provisional registration of the aforementioned right to collateral security and the right to claim transfer of ownership due to financial shortage, the Defendant made a false statement to the effect that on February 21, 2011, the above I Office did not have any intent or ability to transfer ownership immediately even if he received the intermediate payment and the balance from the victim, and that the victim and the husband of the I Office would transfer ownership of the remainder after two to three days of deposit of the remainder, and received from the victim KRW 45 million under the pretext of the intermediate payment and the balance.

Summary of Evidence

1. Each legal statement of F, L, and M;

1. The defendant;