Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The facts charged of this case were corrected ex officio to the extent that there is no risk of actual disadvantage to the defendant's exercise of his right to defense.

On March 8, 2013, at the coffee shop located in Gangnam-gu Seoul, the Defendant introduced the victim C to the effect that, if the Defendant paid KRW 50,000,000,000 to the victim, the Defendant would sell KRW 45,50,000 to the victim of the E apartment unsold unit amounting to KRW 5,50,000,000 per square year, which is owned by D, for the purpose that the Defendant would sell the E apartment unsold unit amounting to KRW 247,00,000 per square year. The Defendant introduced F to the same person as D’s vice-chairpersons holding the right to vicariously sell the above apartment unit, and the F was able to directly purchase the apartment unit at KRW 45,5,00,00,

However, even if the defendant and F receive the down payment from the victim, they did not have the intention or ability to sell the above apartment type 45 square meters under the above conditions.

The Defendant, together with F, by deceiving the victim as such, received KRW 50 million from the victim to the Agricultural Cooperative Account of F as the down payment for the above apartment on the same day.

Accordingly, the defendant, in collusion with F, acquired 50 million won from the victim.

Summary of Evidence

1. Part of the witness C recorded in the recording file of a court-recording system among the third protocol of trial;

1. Part of the witness H’s statement recorded in the recording file of a court-recording system among the fourth trial records;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Application of Acts and subordinate statutes governing subscription price receipts;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The defendant's age, character and conduct in the following circumstances for sentencing under Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (the scope of liability is not clear upon agreement between the defendant and the applicant for compensation).