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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant introduced C’s 925 square meters and G 1,382 square meters and G 1,382 square meters, which are located in the E Licensed Real Estate Agent Office in the operation of D, to H, and had H enter into a contract to purchase the said real estate with the total amount of KRW 90 million.
1. Around August 27, 2011, the Defendant made a false statement to the Defendant’s office located in Gangwon-gun I that “A purchaser H is a party who is a broker assistant from the victim’s office, and the seller would pay KRW 10 million out of the purchase price to the seller C during the contract deposit of KRW 20 million paid by H. In addition, the Defendant would make a false statement to the seller that “A will bring the remainder of KRW 10 million out of the down payment to the seller, who is in custody of KRW 10 million, later.”
However, the defendant was not H and the partner, and even if he received money from the victim, he thought that he would use it for personal debt repayment, etc., so even if he keeps part of the down payment, he did not have any intention or ability to keep it to the seller.
On August 27, 2011, the Defendant, by deceiving the J as such, received money from the Defendant by having the victim send KRW 10 million to the Defendant around August 27, 2011.
Accordingly, the Defendant, by deceiving J, received KRW 10 million from the victim.
2. Around August 31, 2011, the Defendant, at the office of the Defendant located in Gangseo-gu Seoul Special Metropolitan City, concluded that “The Defendant, while making a false statement with the J, who works as a brokerage assistant from the office of the victim D’s operation, said that “The intermediate payment paid by H, KRW 25 million, is paid to the seller first, and the remainder of KRW 5 million is paid to the seller first, and the remainder of KRW 5 million is kept in custody, then the Defendant would be said to be the seller first.”
However, the facts were that the defendant was not H and the partner, and even if he received money from the victim, he thought that he would be used for personal debt repayment, etc., and the part of the intermediate payment is kept.