Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On August 22, 2011, the Defendant, at the office of “F Licensed Real Estate Agent Office” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, concluded a false statement to the victim D that “The Eunpyeong-gu Seoul Ga loan 403 is in progress at auction, and the trading price is KRW 140 million. Of these, the Defendant would purchase the said building with the money and make a provisional registration claim for ownership transfer in the name of the new one, with the exception of KRW 25 million, excluding KRW 75 million and KRW 40 million.”

However, in fact, since the actual sale price of the above real estate was KRW 130 million, the defendant delivered 15 million out of the amount received from the victim to H, the owner of the above building, and the remaining KRW 10 million was considered to have been used for personal purposes.

As above, the Defendant, by deceiving the victim, transferred KRW 25 million from the victim to the foreign exchange bank account (J) in the name of the victim’s father, who is his/her father, and then, delivered KRW 15 million among them to H, thereby defrauding the victim of KRW 10 million, which is the difference.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and K;

1. Application of the detailed statement of deposit and withdrawal transactions, certified copy of the register, copy of a pre-paid contract, copy of an application for provisional registration of right to claim a transfer of ownership, copy of a certificate of provisional registration, and the statutes governing

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 32 (1) and (2) of the Act on Special Cases concerning the Rejection of Lawsuit, etc. of Application for Compensation (the scope of liability for compensation is not clear and thus it is not reasonable to issue an order for compensation in the criminal procedure of this case