횡령등
[Defendant A] The defendant shall be punished by imprisonment for six months.
[Defendant B] The defendant shall be punished by a fine of KRW 2,00,000.
Punishment of the crime
1. Defendant A
A. On December 27, 2013, the Defendant, at the office of the “F Licensed Real Estate Agent” under Article 108, arranged a sales contract that the victim G would purchase an I apartment 801 unit from H to KRW 250,500,000,000. Accordingly, the Defendant received KRW 84,000 from the victim as the remainder of the purchase price for the said apartment from the victim and had the victim keep it for the victim.
Nevertheless, the Defendant arbitrarily used 34 million won to repay the Defendant’s debt on the same day.
(b) No person who violates the Licensed Real Estate Agents Act shall acquire or borrow another person's licensed real estate agent's license and use it;
Nevertheless, from July 201 to April 2014, the Defendant paid KRW 2.5 million each year to B, a licensed real estate agent, and established the said “F Licensed Real Estate Agent” office with B’s license leased, and used B’s name as above.
2. No defendant B licensed real estate agent shall allow another person to render brokerage services using his/her name, or transfer or lend his/her licensed real estate agent's license to another person;
Nevertheless, from July 201 to April 2014, the Defendant received KRW 2.5 million each year from the above A, and leased the Defendant’s licensed real estate agent qualification certificate to A, and made A establish a mutual real estate intermediary office of “F Licensed Real Estate Agent”, and had A conduct real estate brokerage in the name of the Defendant, as described in paragraph (1) of the above Article 1.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement to J;
1. A fact-finding certificate of K preparation;
1. Application of the Acts and subordinate statutes to a real estate sales contract, a detailed statement of payment of the purchase price, a receipt of payment of the purchase price, a certified copy of the real estate register, a certified copy of a deed, a certified real estate agent certificate
1. Relevant provisions concerning facts constituting an offense;