A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On June 7, 2018, the Defendant was sentenced to a suspended sentence of 4 months for a violation of the Licensed Real Estate Agents Act in the Changwon District Court's smuggling support on June 7, 2018 and the judgment became final and conclusive on June 15, 2018.

The defendant is a person who was a mediation assistant of the C Licensed Real Estate Agent Office B in peace time.

1. Fraud;

A. On August 28, 2017, the Defendant made a false statement to the victim D at the said C Licensed Real Estate Agent Office stating that “When smuggling, E, E, 486 square meters are put in lots. The Defendant purchased the said land at the face of KRW 23 million from the purchase price, and resells it in unregistered form within two months, thereby making up for the amount of KRW 5 million.”

However, the Defendant had already purchased the above land from F, the owner of the above land on June 2017 to June 7, 2017, and was thought to use it for personal purposes, such as living expenses, even if he/she received money from the victim, and did not think that it was used as the purchase price of the above land. There was no intention or ability to sell the above land within two months.

Nevertheless, the Defendant, by deceiving the victim by means of not notifying the victim of the fact that he already purchased the above land and of the purchase price thereof, received 23 million won from the agricultural bank account in the name of G (H) used by the Defendant on the same day from the victim and acquired it as the purchase price of the land.

B. On September 17, 2017, the Defendant committed the crime against the victim I, at the above C Licensed Real Estate Agent Office, made the victim I purchase two parcels of land, including J and K, at KRW 80,000,000,000. First of all, the Defendant made a false statement to the effect that “The remainder KRW 28,00,000,000,000,000 is changed until September 19, 2017.” The Defendant, as a seller’s agent, prepared a real estate sales contract with the content that the land was sold to the victim for KRW 80,00,000,000, and issued it to the victim.

However, the defendant has already been the owner of the above land around August 2017.