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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
around May 2007, the Defendant, while working in C, a real estate consulting company, arranged a contract to sell the right to move into the housing located in Yongsan-gu Seoul Metropolitan Government D, which is compensated for and removed by urban planning projects, to the victim E, and accordingly, the victim was allocated the right to move into the apartment complex in the new district located in the Seoul Jung-gu, Seoul.
Around November 2008, the Defendant called the above victim by phone and applied for the change of the right to move into another district only once according to the provisions of the special apartment house for the removed houses implemented by the SH Corporation. F is very favorable, among the persons who have been disqualified among the persons who have been allocated the right to move into the Myeon dong dong dong dong dong dong dong dong dong dong, the right to move into the Myeon dong apartment zone would be clearly accepted from the SH Corporation. Accordingly, the Defendant would have to receive the right to move into the Myeon Myeon dong dong dong dong dong dong dong
However, even if the defendant receives working expenses from the victim, the defendant did not have the intention or ability to assign the right to move into the apartment site in the area.
Around November 20, 2008, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the foreign exchange bank account under the name of the Defendant on or around November 20, 2008, and one million won to the foreign exchange bank account under the name of the Defendant on or around January 11, 2012, and received KRW 1 million in cash on or around April 2012;
8. Around 31.3 billion won received in cash and acquired a total of KRW 15 million.
Summary of Evidence
1. Defendant's legal statement;
1. Second police suspect interrogation protocol against the accused (including the whole part of E, G, and H);
1. Application of Acts and subordinate statutes on a service contract for real estate ( consulting) or a loan certificate;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The full amount of 15 million won, which was obtained by the victim for the reason of sentencing under Article 62(1) of the Criminal Act, shall be deposited and finally recorded.