Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant

B is not guilty.

The crime history room (Defendant A) 2018 Highest 2098 / [Presumption Facts / Defendant A] Defendant A is engaged in a certified brokerage business in Seo-gu Incheon, Seo-gu, Incheon, as a "D Certified Broker," and B is the actual operator of E (hereinafter referred to as “E”).

Defendant

A introduced land located in Bupyeong-gu Incheon Metropolitan Government (hereinafter “instant land”) to B on March 14, 2015, and B agreed to receive KRW 100,000,000,000,000 out of the instant land, as KRW 50,000,000, and KRW 5,000,000,000,000, and KRW 5,000,000,000,000,000, from the instant land, upon cancelling the instant sales contract on May 14, 2015, H cannot register the transfer of ownership of the instant land.

[Criminal facts]

1. On July 26, 2015, Defendant A expressed his power of attorney on July 1, 2015 prepared by the victim B at the “D Authorized Broker” around July 26, 2015, Defendant A made a false statement to the effect that “The instant land is a stock company E and it is the owner of the instant land, and it would be possible to enter into a contract with the principal because it delegated the principal’s authority in E, and it would be possible to divide the instant land within several months, so the purchase of 120 square meters out of the instant land would result in a new factory after dividing the land.”

However, the instant land is land owned by several persons, including G and J Co., Ltd., and there was a dispute over the instant land, such as the progress of civil litigation (joint 43289 by the Seoul Central District Court 2013). There was no co-owners’ consent on the land division, and E does not have the right to sell the instant land as stated in the above premise. Thus, even if Defendant A received money from the injured party, there was no intention or ability to sell the instant land in a lawful manner or to newly construct a factory by dividing it.