A defendant shall be punished by imprisonment with prison labor for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant stated to the effect that, around January 18, 201, at the C Licensed Real Estate Agent Office located in Seo-gu Incheon Metropolitan City, the victim D paid 525,820,000 won for the sale price from E Co., Ltd. on December 28, 2007, in relation to the right to sell the above apartment G, the Defendant changed the victim’s money under the name of the manager of the office of sales in lots. On the other hand, the Defendant paid the intermediate payment and the balance amount to E Co., Ltd. until February 7, 201, thereby preventing the transfer of the right to sell.”

However, in fact, the Defendant was liable for personal obligations of approximately KRW 145,00,000, and there was no other occupation or property, so it was not possible to pay the amount equivalent to the intermediate payment and the balance of the sales contract to E Co., Ltd., and there was no intention or ability to purchase the sales right from the victim.

Nevertheless, the defendant deceivings the victim as above and acquired 22,964,650 won under the name of the victim's right to sell in lots.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to D;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Reduction factors of less than KRW 100 million [type 1] of general fraud (special imprisonment) (type 1): Reduction factors of punishment, in cases where the punishment is not granted or a significant damage is recovered (the area of recommendation and the scope of recommendation), reduction range, in cases where imprisonment with labor for one month or year;

2. The amount of damage to the decision of sentencing shall be 22,964,650 won; and

On October 11, 2013, the Defendant, who was arrested with a warrant of arrest on an arrest on the part of the police, testified that he would prepare materials to be investigated and that he would be investigated by the police. Upon release, on June 13, 2019, the Defendant fleded the contact until he/she is arrested with a warrant of arrest.

The defendant has been sentenced to a fine of the same kind once.