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

Punishment of the crime

On July 5, 2012, the Defendant: (a) decided to transfer the right to sell the leased apartment (hereinafter referred to as “rental apartment”) to the victim G when the Defendant was sold in the D Authorized Broker’s Office located in B apartment (hereinafter referred to as “B apartment”); and (b) transferred KRW 16 million from the damaged party on November 7, 2012 to the H association account in the name of the Defendant on July 2, 2014; and (c) deposited KRW 64 million from July 2, 2014 to the H association account in the name of the Defendant on the leased apartment; and (d) deposited KRW 80 million in the said account in the name of the Korea Land and Housing Corporation as the deposit money for the lease of the leased apartment.

On September 29, 2014, the Defendant, on behalf of the victim, did not use 80 million won for other purposes, and was in de facto fiduciary relationship with the fiduciary duty to faithfully manage the above rental apartment for other purposes, in violation of the duty, and was given a loan of 64 million won to K by the J Union, which violated the duty, and subsequently, entered into a contract with L of the president of the J Union and L of the said rental apartment on September 24, 2014 to transfer the lease deposit amount of 80 million won to the victim, and notified the Korea Land & Housing Corporation of the transfer of the lease deposit amount of 80 million won, thereby causing property damage equivalent to 80 million won to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of G police statement;

1. Details of a housing lease agreement, verification of transaction details, and detailed statement of cancellation of the lease agreement;

1. Investigation report (Submission of suspect A's transaction details);

1. Loan counseling and application form, loan transaction agreement, loan transaction agreement, loan agreement, repayment fee agreement, lease contract, notification of transfer of claims, contract for transfer of claims, certificate of takeover of claims, seal impression, copy of passbook, request for cancellation, and statement of account transaction;

1. Application of Acts and subordinate statutes on investigation reports (report on submission of additional documents by the complainants), borrowing certificates, and payment receipts and disbursements;

1. The relevant legal provisions of the Criminal Act and Articles 355(2) and 355(1) of the Criminal Act regarding criminal facts and the reasons for sentencing [the scope of recommendation] type 1 (the scope of punishment less than 100 million won). The basic area ( April 1 to April 4) (the person subject to special sentencing) is nonexistent.