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A person shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than four months for a crime of No. 2 as decided by the court below.
(b).
Reasons
Punishment of the crime
On November 22, 2013, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Act on the Business of Authorized Broker and Report of Real Estate Transactions in the Seosan Branch of the Daejeon District Court on November 2, 2013, and the said judgment became final and conclusive on November 30, 2013.
1. On April 2013, the Defendant related to the right to sell the Seosan apartment complex may obtain a large profit if he resells the right to sell the apartment complex to the victim D by having 20 to 30 real estate-related area (contract on the supply of the right to sell the apartment complex) at an irregular place in the Seosan Si and Seosan.
In order to lend KRW 40,00,00, Seosan apartment C, 101, 403, 107, 501, 107, 301, 107, 107, 605, and 4 households are sold to others by July 30, 2013, and they will be repaid KRW 50,00,00 to others.
However, in the process of paying the down payment for the purchase of the right to sell lots, the Defendant already incurred approximately KRW 1 billion in the interest of KRW 70 million each month, and the Defendant directly contributed to KRW 100 million in the above process and entered into a contract for the sale of lots under the name of a third party, not the Defendant, by borrowing the remainder from other persons, while the remainder was only KRW 100 million in the process. In order to maintain a multiple contract for the sale of lots, the Defendant, who did not have any specific property, has to maintain the existing contract for the sale of lots in the form of a so-called system to prevent a return of additional money from borrowing money from other persons. If the intermediate payment, etc. is not possible, even if the contract for the sale of lots can be revoked if the right to sell lots is not paid continuously, there was no intention or ability to return the above profits to the victim, as agreed to do so.
Nevertheless, the defendant is the victim as above.