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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
Around March 2015, the Defendant was running a real estate brokerage business with D's trade name from Seodaemun-gu Seoul, Seodaemun-gu, Seoul around January 2, 2015. Around January 2015, the Defendant requested the victim E to arrange the purchase of I (J, hereinafter referred to as "I") shares in KRW 900 million among the F, G and buildings (hereinafter referred to as "H real estate") in Mapo-gu Seoul, Mapo-gu, Seoul (hereinafter referred to as "H real estate"). However, I's selling price was KRW 1.2 billion, and the difference between KRW 1.2 billion and KRW 300 million was KRW 80 million to the victim and KRW 500 million. Accordingly, the Defendant purchased the two lands, exchanged with the shares owned by the said I, and proposed that I purchase the same in cash payment in the way of KRW 400 million.
On March 20, 2015, the Defendant, at the victim E office located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul on March 20, 2015, purchased the two-dimensional land in KRW 500 million, deceiving the victim as if the down payment is necessary.
However, in fact, the actual purchase price of the two-dimensional land is KRW 4.332 million (the fact of prosecution is clear that it is a clerical error, so it is recognized ex officio) and the down payment is more than KRW 30 million.0 million.
As above, the Defendant, by deceiving the victim, received cash KRW 50 million from the victim for the same day as the down payment for the same day, and paid KRW 30 million among them as the down payment, and defrauded the remainder KRW 20 million.
[Defendant’s assertion: N to know the fact that the down payment of both-gu land was KRW 30 million, and the victim paid KRW 20 million to the Defendant and other brokers through N through N, and paid KRW 30 million as a brokerage commission to the Defendant and other brokers. Therefore, the victim is not deceiving. Determination is that the down payment of both-gu land is KRW 432 million, and the down payment is KRW 30 million (Evidence No. 16 of the Evidence No. 16 of the Defendant’s Evidence). However, the Defendant is the down payment of both-gu land.