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Defendant shall be punished by a fine of KRW 700,000.
If the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
On September 4, 2016, the defendant was the head of the team belonging to the Dispute Resolution Co., Ltd., which is a real estate seller, and around September 4, 2016, the defendant mediated the Jeju hotel E purchase contract with the victim C.
On February 26, 2018, the Defendant stated that “Around February 26, 2018, the Defendant made telephone conversations with the victim, and talked about the resale of the above hotel selling right,” to the victim, “I wish to return the fee of KRW 2 million, which shall be paid to the local seller, which shall be paid to the Chinese seller.”
However, at the time of fact, the defendant was suffering from economic difficulties for the preparation of separate fraud agreements, and even if he was paid KRW 2 million from the victim as a resale fee, he did not pay it to the resale business operator and used it as a living cost.
Nevertheless, the Defendant made such a false statement and received KRW 2 million from the victim to the Agricultural Cooperative (F) account in the name of the Defendant on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to receipts, specifications of deposit transactions and sales contracts;
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Although there are many criminal records of the sentencing reasons under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of the crime in this case is limited to 2 million won, and the victim does not want the punishment after being used by the victim after being requested for formal trial, and the punishment is determined as ordered by taking account of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc.