A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who, from January 1, 2015 to December 1, 2015, runs a unregistered real estate brokerage business at the “D Authorized Brokerage Office” located in Gangwon-gu Seoul.

On March 2015, 2015, the Defendant listened to the horses of the Victim F, who is a son, in a restaurant located in the Pyeongtaek-gun of Gangwon-gu, Gangwon-do, that he wanted to scam the land, and the victim “hump 3,00 square meters of land that is good on the right side of the Pyeongwon-gun, Gangwon-do.”

The current market price is about 150,000 won per square, and 100,000 won can be considered.

B. The contract will be entrusted to B, and the purchase will be 150 million won at the maximum on the face of the week.

The purpose of this land is to "the person who intends to sell this land as the person sells it and divides profits," and to purchase three parcels of land, both of which with the victim of the Gangseo-gun G, Gangwon-do, and the victim of the land jointly.

However, in fact, the Defendant did not have any specific property and could not prepare the purchase price necessary for the purchase of the above land and development costs necessary for the re-sale of the above land. Accordingly, the Defendant did not have any intent or ability to pay profits by selling the above land jointly with the victim.

The Defendant received KRW 130 million from the damaged party to the Agricultural Cooperative Account in the name of the Defendant’s wife H around April 10, 2015, from the Defendant, and received KRW 130 million from the damaged party.

5. Around 26.26.20 million won was remitted to the same account and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement made by each prosecutor with regard to F and I;

1. A complaint, details of receipt account transactions, written agreement on the purchase of real estate, and all certificates registered;

1. A copy of a real estate transaction agreement and a detailed statement of deposit transactions;

1. A report on investigation (J telephone investigation by a witness);

1. Application of Acts and subordinate statutes to a complaint or a certified copy of each registry;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act provides that the Defendant shall be subject to suspended execution.