A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the charge of breach of trust is acquitted.

Punishment of the crime

The defendant had a high probability of purchasing apartment units with three children, and around 2009, the defendant had sold the apartment units under the condition that he received KRW 30 million from the real estate business operator, and had sold the apartment units under the condition that he received KRW 30 million from the real estate business operator, and had sold the apartment units under the Young-si C Apartment-gu 6406 Dong 2702 around June 24, 2009 and transferred the right to sell the apartment units to D.

Nevertheless, on March 5, 2012, the Defendant: (a) concealed the foregoing fact; and (b) leased the said apartment to the victim F in the “E Real Estate” located in the vicinity of the Yeongdeungpo-gu Suwon-gu, Suwon-gu, Suwon-si, under the condition that the victim F is paid the remainder KRW 110 million on the date of the contract; and (c) on March 26, 2012, the remainder KRW 10 million on the date of the contract.

However, as above, the Defendant had agreed to transfer the above apartment sale right to D and to not have ownership or other right, and there was no intention or ability to lease the above apartment to the victim.

Nevertheless, the defendant received 40 million won from the victim as the down payment on the same day as the down payment, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a copy of apartment lease contract;

1. The punishment shall be determined like the order, taking into consideration the matters prescribed in Article 51 of the Criminal Act, such as the scale of the reason by which the criminal defendant acquired the punishment by fraud, and the fact that the criminal defendant does not compensate for the damage to the victim, by taking into account the relevant Article of the Criminal Act and Article 34

The acquittal portion

1. On June 24, 2009, the Defendant entered into a sales contract of the right to sell in lots with D through G, a real estate intermediary, with D, which was sold in lots by the Defendant, and entered into a sales contract of the right to sell in lots. Upon receipt of the payment of the purchase price, the Defendant entered into an agreement to immediately transfer the right to sell in lots to D at the time when the transfer of the right to sell in lots is possible. The Defendant’s apartment and balcony of KRW 92,259,000 for the purchase price of the right to sell in lots on or after