A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[2018 Highest 2729]

1. The Defendant, as a licensed real estate agent, is a person who is engaged in mediating the sale and purchase of land, etc. while operating “D office” in the Seongdong-gu Seoul Metropolitan City B or C.

On July 21, 2015, the Defendant sold the land No. 16 out of the said land (hereinafter “instant land”) to the victim JJ for KRW 360,000,000,000 on behalf of the victim Ja-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, and sold the land No. 16 of the said land (hereinafter “instant land”) to the victim Ja-gu (hereinafter “the instant land”) at the “F office located in Yong-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, and received profits from selling the instant land at KRW 360,000,000,000 from the victim’s K Bank Account (L) around July 20, 2015; KRW 31,000,000 around October 21, 201; KRW 13,560,000,000 on May 13, 201, KRW 7815,500,005.

On August 13, 2016, the Defendant continued to sell the instant land to another person without gains from market prices, and sold the instant land to M in the amount of KRW 360 million and received KRW 66,280,000 from the said K Bank account in the name of the Defendant from the said M on July 21, 2016, and used KRW 11,180,000,000 for a total of six times until February 7, 2017, the Defendant paid KRW 75,10,000 to the double victim and returned the remainder of KRW 260,000,000 to the double victim, and used it arbitrarily for the electric source housing creation project, etc. kept for the victim.

Accordingly, the Defendant embezzled KRW 26 million, which he kept on duty for the victim.

[2019 Highest 527]

2. On September 20, 2015, the Defendant, at the office of “D Office”, divided the instant land into 16 parts of the total land on behalf of the Defendant Company I, an agricultural company I, the owner of the Seo-gu Seoul Special Metropolitan City G and eight lots (hereinafter “instant land”) on behalf of the said office, and divided the instant land into 12 out of 16.