A defendant shall be punished by imprisonment for three years.

The defendant pays 20,000,000 won to C who is an applicant for compensation.

3.2

Punishment of the crime

"2016 Highest 138"

1. The Defendant committing the crime of fraud related to the purchase price of officetels is a person who vicariously sells officetels; E is a representative of F; G is a real estate intermediary employee of real estate brokerage office; H is a landowner of land to be built of officetels in Jeju.

On June 2015, the Defendant purchased land from H, the land owner of the F representative E at Jeju City I, and sought to prohibit officetels. The Defendant received a proposal from the GJ, the land owner of the land at Jeju. The Defendant “drawer who made a plan for sale and made the same sales as the sales agency business.”

Therefore, around June 2015, the Defendant entered into a sales agency contract with E, the representative of F, and the 20 square meters-type 16 households of the above officetel, which is equivalent to KRW 180 million per household, with the intention to receive KRW 20 million as sales agency fees from E at the time of entering the intermediate payment.

However, the Defendant, even if receiving the sales price from the contractor who wishes to purchase an officetel, received the sales price from the contractor without the intention to deposit it in F to the account under the name of the Defendant or a person living together with K and used it as living expenses, personal debt repayment, gambling funds, etc.

On October 15, 2015, the Defendant committed the crime of fraud against L with the victim: (a) on the false statement that “The original sale price of Dtel is KRW 200 million, but at KRW 160 million, the original sale price of Dtel is KRW 100,000,000,000.” (b) the Defendant prepared a written contract for the supply of Dtel with the victim and carried out the work as if the victim would sell the officetel normally to the victim.” (c)

Accordingly, the defendant received 28 million won from the victim to the account in the name of the defendant on the same day as the down payment of officetels from the victim.

B. The Defendant committed fraud against the Victim N is Seopo-si, Seopo-si around August 13, 2015.