A defendant shall be punished by imprisonment with prison labor for four months.

Criminal facts

On February 19, 2016, the Defendant was sentenced to eight months in imprisonment with prison labor for violating the Act on the Regulation of Similar Receiving Acts at the Ulsan District Court, and the judgment was finalized on February 27, 2016.

Defendant

On August 2015, E entered into a sales agency contract for the apartment of 1,312 households located in Busan G, and it is expected that the purchase of the site has already been completed, and the purchase of the site will begin by opening a model housing around October 2015.

In a case where money is invested in the above business, it refers to 20 to 30% of the profits. In a case where the office of the notary juristic person located in Ulsan-gu, Ulsan-gu, as of September 9, 2015, the complainant recommended re-investment to the above purport.

However, at the time of the above business, the private person (ju) was unable to complete the purchase and construction of the site at the NAS partnership, and the defendant et al. entered into a sales agency contract with S&S on the condition that deposit amount of KRW 100 million was paid. However, the sales agency contract was concluded between E&S on the condition that the sales agency will pay KRW 100 million, but most of the invested funds of the damaged person should be used as office operating expenses. Thus, the above contract was not sufficient to pay KRW 100 million, and thus, it was impossible to obtain the authority to sell

The Defendant, in collusion with E, by deceiving the victim, and received a remittance of KRW 50 million through a new bank account under the name of D representative D on September 9, 2015 from the victim who was affiliated with E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A certificate of borrowing money, notarial deed, account transaction details, and sales agency contract;

1. Each report on investigation;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of criminal facts;

1. After Article 37 of the Criminal Code dealing with concurrent crimes, the circumstances favorable to the sentencing of Article 39, Paragraph 1 of the Criminal Code have become final and conclusive.