Defendants shall be punished by a fine of three million won.

The Defendants did not pay each of the above fines.

Punishment of the crime

Defendants are real estate brokers. The Defendants are real estate brokers.

around June 21, 2017, in mediating a contract for the exchange of real estate owned by the injured party E (year 79) and the injured party F (year 76) G real estate G in Jongno-gu, and Seoul Jongno-gu, Seoul, which is owned by the injured party, around July 11, 2017, the Defendants made it difficult to obtain consent to use the real estate adjacent roads owned by the injured party by the victims by July 21, 2017 to indicate the cause of the contract without penalty and receive KRW 10 million in return for the normal conclusion of the exchange of real estate, and to keep the real estate after receiving KRW 5 million in advance from the injured party.

However, as the victims were unable to obtain consent to use a road adjacent to real estate and the above contract was not concluded normally and thus becomes null and void without penalty, the Defendants requested the victims to return the above KRW 10 million around that time, but rejected it.

Accordingly, the Defendants conspired and embezzled the above KRW 10 million.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. A real estate exchange contract, a receipt, a certificate of transfer, and a certificate of details;

1. Application of Acts and subordinate statutes of the judgment of the medical court in South and North Korea District Court; and

1. Article applicable to criminal facts;

(a) Defendant A: Articles 355(1) and 30 of the Criminal Act;

B. Defendant B: Articles 355(1) and 30 of the Criminal Act

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants who choose punishment: Each selective fine

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The reasons for sentencing under Article 334(1) of the Criminal Procedure Act do not make efforts to recover victims’ damage until two years elapse after the occurrence of the instant crime.

In addition, all other circumstances that serve as the conditions for sentencing specified in the instant case.