A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

On June 2014, the Defendant: (a) at the D Authorized brokerage office for its operation in Sasi-si (C) around 2014, “F would have been concluded through G; (b) would have to pay KRW 138 million to G in terms of fees; (c) the Defendant would bear the fee; and (d) the victim would have refused to cover so much; (c) would then deliver it to G in cash or check, if so, to KRW 30 million.

“False speech” was made.

However, in fact, G did not have demanded the victim through the defendant to pay 138 million won or KRW 30 million as the fee, and the defendant only paid 5 million out of the 30 million won to the injured party, while giving the remainder to the broker assistant of the above office as the above F's brokerage commission, or he thought that he had to have it.

G did not have the intention or ability to fully reduce 30 million won.

Nevertheless, the defendant deceivings the victim as above and acquired the amount of KRW 30 million as the intermediary fee from the victim on the 11th of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement of H, G, and E in the police interrogation protocol concerning G, the two-time police interrogation protocol concerning H, and the police interrogation protocol concerning the accused;

1. Statement made by the police for E;

1. A complaint;

1. A copy of a name tag, a real estate transaction contract, an account transaction details, and a check transaction details;

1. Application of Acts and subordinate statutes on recording;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. The basic area (from June to June) of the sentencing criteria [the scope of the recommended punishment] and the basic area (from June to June) of the type No. 1 of the general fraud (the scope of the recommended punishment is less than KRW 100 million) (the person who has no special sentencing seal);

2. The reason for sentencing is that the injured party, who is not suitable for the nature of the crime of this case, suffered the damage that would not be returned because it was committed in the end by the injured party, who was paid 120 million won when the real estate sales contract was concluded by the broker of the defendant.