A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The Defendant is a person who, from April 2014 to April 2016, was engaged in the business of having the owners of Gyeonggi-gu B B lending enter into a contract with the persons who intend to purchase the lending and the owners of the lending, and transmitting the purchase price.

Around July 23, 2015, the Defendant was delegated by the Victim C to sell B 3 Dong 101 as soon as possible, and was in custody under the name of D around August 28, 2015, and accordingly, the Defendant had a duty to sell the above lending and pay the purchase price to the victim.

Nevertheless, on September 1, 2015, the Defendant borrowed KRW 20 million from E from the Defendant’s sales office located in Gyeonggi-si B, Gyeonggi-do, and established a mortgage of KRW 30 million on the loan and did not pay the purchase price to the said victim.

Accordingly, the Defendant acquired the financial benefits equivalent to KRW 30 million, which are secured by the above lending's lower right, and suffered the same amount as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the statement in D);

1. C Complaints;

1. Application of statutes on each statement protocol to C

1. Grounds for sentencing of punishment pursuant to Article 355 (2) and (1) of the Criminal Act, Articles 355 (2) and (1) of the same Act concerning the facts constituting an offense;

1. Four months from the scope of the recommended sentence to one year and four months (the basic area);

2. The fact that the Defendant’s decision on the sentence was based on the time of and against his criminal act, was trying to resolve the existing obligation of the victim with the operation of the above loan amount, and that some damage has been recovered shall be considered as favorable circumstances.

However, it is decided as per Disposition by comprehensively taking into account all the sentencing conditions under Article 51 of the Criminal Act, such as the fact that the entire damage has not been recovered until now, the amount of the damage not recovered, the age of the defendant, sexual conduct, environment, and the circumstances before and after the crime.