A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On November 2017, the Defendant is the representative director of B established for the purpose of real estate development (execution) and sales agency business, and B entered into a PM contract (PM is the weak for the management of DD buildings, and is responsible for the preparation of business plans, financing activities, etc. in relation to real estate development projects) with respect to the construction of DD buildings promoted by C, Seoul, a corporation, around November 2017.

On December 13, 2017, the Defendant, at the office of the Defendant located in the fourth floor of Seongdong-gu Seoul, Seongdong-gu, Seoul, proposed that “The victim F will change the amount of KRW 200 million from the deposit money for sale in lots of D buildings with the right to sell officetels and commercial buildings.” In doing so, the Defendant could smoothly proceed with the sale in lots of D buildings.

However, in fact, the contents of the above PMF contract did not include the fact that the corporation is entitled to sell D buildings on behalf of the company B, and at the time, as large lien was established on D buildings, the defendant paid KRW 400 million to C in order to extinguish the right of retention, but the defendant did not pay KRW 100 million due to lack of funds, and there was no method of preparing KRW 100 million since there was no particular revenue or property. Since the money received from the victim was thought to be used for purchasing other offices, even if he received money from the victim, he did not have the intent or ability to normally grant the right of sale to the victim.

Nevertheless, the Defendant received 40 million won from the victim to the bank account in the name of the corporation B as the down payment of the sale agency contract on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes, such as a sales agency contract and copy of bankbook;

1. The victim is highly likely to commit the instant crime due to the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act, and the reason for sentencing the sentence of imprisonment with labor.