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Defendant
A shall be punished by imprisonment for four years, and imprisonment for one year and six months, respectively.
An application for remedy order filed by an applicant.
Reasons
Punishment of the crime
[Criminal Justice] On August 14, 2013, Defendant A was sentenced to six months of imprisonment by the Seoul Eastern District Court for occupational breach of trust, etc., and completed the execution of the sentence on February 8, 2014.
【Criminal Facts】
1. The Defendants’ co-principal
A. On May 28, 2016, the Defendants found the victim C at the G Licensed Real Estate Agent Office located in the Gwangju Mine-gu E Commercial Building E-F and introduced the victim C, who works as a licensed real estate agent, as their husband and wife, and Defendant A introduced himself as “H”, and Defendant B introduced Defendant A as Defendant A’s husband.
In fact, even if the Defendants were to act as a broker of high-priced apartments with a large size of area from the victim, they were introduced as if they were to purchase the above apartment as if they were to purchase approximately KRW 580 million in the market price in Gwangju Mine-gu, in order to drive assets with a large amount of money as if they were married.
Defendant
B made a false statement to the victim at the entrance of J apartment, “The wife has a building in Seoul and has a property of at least five billion won.” On the same day, Defendant A made a false statement to the victim “K’s restaurant located near G Licensed Real Estate Agent Office,” which read, “The Plaintiff was a U.S. citizen who had an investment in the U.S. by providing the victim with assistance of KRW 700,000,000,000,000,000,000,000 won or more.”
However, in fact, since April 12, 1996, Defendant A was in a legal marital relationship with L, and thus, Defendant A was not in a marital relationship with Defendant B. Upon the commencement of an investigation into the Defendant due to the suspicion of embezzlement around 2002, Defendant A was working as an employee of the Korean restaurant who escaped to the United States. Defendant A was not a U.S. citizen with the status of illegal aliens whose U.S. was expired, and even after having returned to Korea on January 2013, 2016.