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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On October 12, 2016, the Defendant was sentenced to a suspension of the execution of six months of imprisonment for fraud in the Dong Branch of the Busan District Court on October 12, 2016, and the judgment became final and conclusive on the 20th of the same month, and was operating real estate brokerage business until February 18, 2017.
I are people.
1. On September 25, 2015, the Defendant: (a) as a broker of a contract for the exchange of land E (800 square meters) located in Gyeongcheon-gu, Busan (hereinafter “C Burial”); (b) and (c) was entrusted from the injured party to deliver a down payment of KRW 30 million to the said F; (c) was paid KRW 5 million to the said F while carrying out the business, and (d) was embezzled by arbitrarily consuming the remainder of KRW 25 million as the Defendant’s personal real estate sales price.
2. The Defendant, on August 1, 2016, was on the part of the victim I working for the victim I in Busan High School H.
J At a public brokerage office, “The victim owns K 502, 503, 504, 704, and 11 square meters (per 11 square meters) in Busan Southern-gu, Busan-do, and the victim’s land (“Seoul-do L, M 4, M 639 square meters (per 639 square meters) are exchanged, and the difference is 50,000,000 won as down payment, and the difference is 20,000,000 won as of August 31, 2016.”
However, in fact, the Defendant did not have the right to dispose of the above K502, 503, 504, and 704, but did not have the right to dispose of the said property. The Defendant intended to use the said property for personal debt repayment, etc. with the money in the name of the said down payment, and there was no intention or ability to transfer ownership to the victim.
Nevertheless, the defendant deceivings the victim as above and received 15,000,000 won from the Nannam, which was immediately managed by the defendant, as the down payment, as the down payment from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement made to D or I;
1. Previous offense: