1. Around February 10, 2015, the Defendant, while being kept in custody at the E Licensed Real Estate Agent Office operated by the Defendant located in Pyeongtaek-si D with the victim F in the name of the purchase right down payment No. 105-2003, Pyeongtaek-si G apartment 105-2003, he embezzled by using it as the Defendant’s living expenses at his own expense around that time.

2. Around February 23, 2015, the fraud Defendant called, “Around February 23, 2015, at the E Licensed Real Estate Agent Office operated by the Defendant located in Pyeongtaek-si, the victim F is to transfer the right of sale of Pyeongtaek-si G apartment 105, 2003, from the right of sale to the right of sale. The remainder of the right of sale was prepared, and the down payment was transferred before the down payment was transferred to the right of sale. As such, the Defendant first sent 3,6610,000 won out of the remainder 3,6610,000 won to the right of sale.”

However, the defendant did not have agreed to transfer the right to sell the apartment at the above price due to disputes over the resale price with the right to sell the apartment house at the time, and it was thought that the defendant received the above money and used it as personal debt repayment and living expenses of the defendant.

As above, the Defendant, by deceiving the victim, remitted KRW 30,688,00 to the Saemaeul Treasury in the name of the Defendant’s wife, and by deceiving the victim by the same method around May 11, 2016, and acquired the remainder of 59,3610,000 won from the victim to the Saemaeul Treasury in the name of H by transfer from the victim to the Saemaeul Treasury in the name of H.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on the details of account remittance and account transactions;

1. Relevant Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act (the point of embezzlement), Article 347(1) of the Criminal Act, and the choice of imprisonment with labor;

1. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes shall be the first crime [the range of recommending punishment] and the first crime shall be the general fraud.