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

Criminal facts

The Defendant is a person who operates a real estate consulting company with the trade name "D" in Seo-gu Daejeon building C, and has concluded a real estate consulting contract with customers, and has been engaged in affairs such as auction consultation, payment of sale price, and vicarious execution of registration procedures for them.

1. On October 22, 2017, the Defendant entered into a real estate consulting agreement with the victim E, and on February 26, 2018, the Daejeon District Court rendered that the Defendant would receive a successful bid of KRW 83,199,90 for the purchase price of KRW 83,19, and the Defendant would receive KRW 58,00,000 from the said purchase price.

On February 27, 2018, the Defendant received KRW 18.4 million from the injured party to the J bank account under the name of the Defendant for the remaining amount and registration expenses of the said real estate from the injured party in the above D office, and was in custody for the injured party. At that time, the Defendant used the other party’s registration fee, bid bond, personal debt repayment, etc. in the vicinity of Daejeon, with the mind of mind.

2. After concluding a real estate consulting contract with the victim K, the Defendant, on February 27, 2018, ordered the purchase price to be awarded in KRW 83,99,990 of the Daejeon Dong-gu M site through a voluntary auction procedure for L real estate on February 27, 2018.

Around February 27, 2018, the Defendant received transfer of KRW 30,800,000 from the victim K to the victim’s office in terms of the balance of the said real estate and the registration expenses, and used the money for personal purposes, such as other person’s registration fee, bid bond, and personal debt repayment, in the vicinity of Daejeon.

3. On March 26, 2018, the Defendant received transfer of KRW 18 million for the victim from the victim Qua who won awarded a bid for KRW 93,99,90 of the building P of the Daejeon Daejeon District Court by voluntary auction of real estate after entering into a real estate consulting contract, and kept the said real estate for the victim, in the course of performing his/her duties at around that time, according to the person’s mind near Daejeon.