A defendant shall be punished by imprisonment for not more than ten 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

On April 4, 2017, at the C Licensed Real Estate Agent Office located in Daegu-gun, Daegu-gun, the Defendant sold the 106 square meters of land D site and 75.33 square meters of land to the victim E, while selling the 75.3 square meters of land to the victim E, the Defendant stated to the effect that the victim does not entirely interfere with the operation of the restaurant in the building subject to sale.

However, the building subject to sale is indicated as the “building content column, building column column and “building register column” column, but it is practically impossible for the victim to operate the restaurant business in the above building because it was illegally reconstructed into the cement block block structure without obtaining permission from the competent authorities around 2008, and the above building was the real estate subject to removal.

As such, the Defendant, by deceiving the victim as such, received 10 million won from the victim for the same day as the down payment, and acquired 85 million won in total under the remaining terms of the balance on the 28th of the same month, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Each police statement of E, G, and H;

1. Investigation report (in the case of a reference witness I, J, K currency content report), investigation report (L currency content);

1. A copy of a real estate sales contract, a certified copy of land register, a certified copy of building register, a notification of a corrective order for a violated building, a statement of deposit transactions in a book issued by a MM association in the name of E, a certified copy of land cadastral map,

1. Application of Acts and subordinate statutes to land and buildings photographs;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the amount of damage in this case is considerable, etc. disadvantageous.

However, the defendant confessions the crime of this case and repents the mistake, and the related civil procedure (Seoul District Court 2017dan59731).