A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On August 13, 2013, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for violating the Act on the Registration of Real Estate under Actual Titleholder’s Name, and the said judgment became final and conclusive on August 21, 2013.

around April 16, 2008, the Defendant, as a licensed real estate agent operating D office in Ansan-si, proposed that the victim E, who visited to find a real estate investment vehicle at the above licensed real estate agent office, purchase the above commercial building G2nd floor building in Ansan-si. On the same day, the Defendant received a request from the victim for the purchase of the above commercial building. On April 29, 2008, the Defendant transferred KRW 15 million with the above agricultural bank account in the name of the Defendant, as KRW 15 million,000,000, and the sum of KRW 60,000,000,000 to the Agricultural Cooperative account in the name of the Defendant on September 30, 2008, as the purchase fund for the above commercial building.

While the Defendant kept the above KRW 100,000,00 for the victim as the fund for purchasing the above commercial building, the Defendant arbitrarily used the above money with the fund for the invention of “electric power plants and water structures using the birds and water,” which was promoted by the Defendant at the same time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each police statement to E and K;

1. Details of transactions in each account (Defendant, I);

1. A copy of a sales contract;

1. A certified real estate register;

1. Previous records of judgment: Criminal records, investigation reports (the facts which were crimes before the judgment becomes final and conclusive), and the application of a copy of judgment;

1. Article 355 (1) of the relevant Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The fact that there is no record of punishment for the defendant with the same kind of mistake in the sentencing of the latter part of Article 37 and Article 39(1) of the Criminal Procedure Act is favorable, or the amount of embezzlement reaches KRW 100 million, and some damage was recovered (as a result of the defendant's statement, a considerable amount of damage was not recovered).