A defendant shall be punished by imprisonment for one year.

However, 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, a licensed real estate agent C and from May 20, 2005 to December 9, 2005, run real estate brokerage business in the name of “E real estate” in the official city D from May 20, 200, and the Defendant, during the above period, operated real estate brokerage business by lending the name of “G real estate” in F with the trade name of “G real estate.”

As the defendant's attached I died on April 17, 2007, the defendant's punishment and property dispute occurred, and in the process, the defendant's punishment and property dispute was accused to the National Tax Service, and the amount of KRW 100 million was collected as a tax, the defendant requested the victim's testimony in favor of the victim in order to secure favorable evidence in dispute with punishment.

However, as the victim refuses the demand of the defendant, the defendant thought that he was subject to the collection of tax as above due to the victim, and has abused that he had engaged in money transactions such as distributing fees with the victim during the same business, thereby bringing about a lawsuit claiming return of unjust enrichment against the victim.

On May 25, 2009, the Defendant: (a) received real estate donation from the Plaintiff on or around August 16, 2005 from the Daejeon District Court Civil Petition Office located in Seo-gu, Daejeon, Daejeon; (b) on or around August 16, 2005, the Plaintiff acquired unjust enrichment equivalent to the amount by granting KRW 10 million to the Plaintiff on or around August 2005; and (c) around August 1, 2005, the Defendant sold the land to Nonparty L owned by the Plaintiff; and (d) obtained unjust enrichment by receiving KRW 25 million from the Plaintiff, exceeding the statutory fee of KRW 5 million; and (e) the Plaintiff claimed that the land was owned by the Plaintiff on or around September 1, 2005, the Plaintiff was owned by the Plaintiff on or around May 1, 2005.