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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
The defendant is a person who has operated a licensed real estate agent's office under the trade name of "C Licensed Real Estate Agent".
Around September 21, 2009, the Defendant entered into a sales contract with the victim E to the effect that, at the office of the above licensed real estate agent in Hongcheon-gun, Gangwon-do, the Defendant was delegated to sell and purchase the said F’s land in Hongcheon-gun, Hongcheon-gun, by means of a false statement that “If the Defendant purchased the land corresponding to six drawings out of the divided drawings of the said land, he would complete the registration of ownership transfer after dividing the said land, he would complete the registration of ownership transfer after dividing the said land,” and then, the Defendant determined the purchase price of KRW 84,00,000 as the down payment amount of KRW 15,00,000 on the date of the contract, which was paid the remainder of KRW 69,00,000 on October 30, 2009 to receive the said land from the victim at the time of completion
However, in fact, if the defendant paid KRW 200,00,000 to the above F by August 30, 2009, the defendant developed the above land. However, the above F did not pay KRW 200,000,000 to the above F within the above period, and it did not have been delegated the trading authority by the above F because it was concluded with the above F under the presence of the above F. Thus, even if the purchase price was paid by the victim, the victim did not have any intent or ability to complete the registration of ownership transfer for the above land.
The Defendant, as above, by deceiving the victim, received 15,000,000 won as down payment from the victim, that is, from the victim.
Summary of Evidence
1. Each legal statement of witness E and F;
1. Examination protocol of the accused by prosecution;
1. A real estate sales contract;
1. The Defendant did not have been delegated by F with the authority to sell and purchase the land purchased by E, or delegated with the authority to sell and sell household affairs, on the part of the Defendant and his/her defense counsel’s argument.
E is also a purchase of land, knowing that the defendant was not entrusted with trading authority by F.