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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The Defendant is a person who actually has been engaged in the duties of real estate brokerage, etc. while operating “D real estate” in the three-dimensional apartment commercial buildings 132.

On March 24, 2014, the Defendant was delegated from the victim E and the victim F to sell the sale of the sale right to the apartment G 1710 dong G 1303 at Sejong-si on May 13, 2014, and embezzled the sale of the above sale right to H for the victims of KRW 30 million, which he/she had been in custody for the victims at around that time.

2. No person who violates the Housing Act shall resell the status of a house constructed and supplied by a project undertaker or a status as an occupant of a house subject to the upper limit system for selling prices, or arrange for resale thereof, before one year passes from the date on which the first contract for housing supply is possible;

Nevertheless, on May 2, 2012, the Defendant: (a) referred to as “I would sell an apartment unit in G apartment unit 1710, 1303, which is constructed by Hanyang Construction Co., Ltd.; and (b) mediated the resale of the status of being selected as the occupant of the said apartment unit by having F purchase the said apartment unit by holding it out on May 3, 2012 after being entrusted with the resale of the right to sell the apartment unit by the said I; and (c) on May 3, 2012, the following day after the purchase of the right to sell the apartment unit is entrusted by the said I; (d) the original and the documents securing the right to sell the apartment unit to F.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol on the examination of suspect against the defendant (including part concerning the whole or part concerning the E and F);

1. Statement of the police statement concerning F;

1. The loan certificate;

1. G apartment supply contract;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 356 and 355(1) of the Criminal Act concerning criminal facts, subparagraph 2 of Article 96 of the Housing Act, and Article 41-2(1) of the same Act concerning the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.