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

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

1. On July 30, 2017, the Defendant, at the D Licensed Real Estate Agent Office located in Seosan-si C, received and kept KRW 5 million from the victim B in order to deposit the funds into the Suhyup Bank passbook used by the victim B in the office.

Nevertheless, the Defendant, while receiving the above money from the victim, did not deposit it in the passbook used by the office, and embezzled it by arbitrarily consuming it for personal purposes.

2. On October 26, 2016, the Defendant: (a) knew of the fact that G Licensed Real Estate Agent B (Nam, 44 years of age) and H (H’s title I) are operating the said licensed real estate agent’s business in the building E (hereinafter “instant commercial building”); (b) paid KRW 100 million to H; and (c) provided that H will take over shares of KRW 1/2 in the name of H.

On the same day, the Defendant, along with the victim, agreed to own 1/2 shares in the instant commercial building from H when purchasing KRW 180,000,000, respectively, and began to conduct business with the victim and Dong business on December 19, 2016, respectively by taking the registration of transfer of 1/2 shares in the instant commercial building (180,000 won in the reported transaction value).

On April 4, 2017, the Defendant drafted a sales contract for commercial buildings with the purport that “the Defendant shall pay KRW 110 million to the victim, and the collateral security established with the said licensed real estate agent shall be acquired by the Defendant, and the Defendant shall acquire the shares of the victim,” and on May 15, 2017, the Defendant acquired the ownership of the commercial buildings in the instant case (the reported transaction price of KRW 90 million) and terminated the business relationship by acquiring the ownership of the commercial buildings in the instant case upon the registration of transfer (the reported transaction price of KRW 90 million).

As above, the Defendant, while acquiring the above licensed real estate agent office from H and the victim successively, paid the purchase price to H and the victim, and paid the maximum debt amount set forth in the instant commercial building 100 million won.