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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The accused is a person who has worked as a brokerage assistant of the C real estate brokerage office in Jongno-gu Seoul Metropolitan Government building 1501.
From E, the owner of land of 41,145 square meters of Gangwon-gu D Forest (hereinafter “instant land”), the Defendant, who was commissioned to sell the said land to KRW 20 million (the contract amount of KRW 3 million, the balance of KRW 17,000,000). The Defendant, along with F, who was requested to sell the said land at a higher price than that of other real estate intermediaries, attempted to deceiving the victim as if he was requested to sell the said land at a higher price. A.
Around August 14, 2012, the Defendant and F entered into a sales contract with the purport that “the instant land was requested to sell brokerage from E to KRW 30 million (the contract amount of KRW 10 million and the balance of KRW 20 million)” with the victim I at the H Certified Judicial Scriveners Office located in the Dongjak-gu Seoul Metropolitan Government G 4 level, on behalf of E, and the Defendant sold the said land at KRW 30 million on behalf of E, and then, the Defendant received from the victim the down payment amount of KRW 5 million in total, two cashier’s checks with KRW 10 million for the same day, and acquired the remainder KRW 7 million.7 million.
B. On August 2012, 2012, Defendant and F: (a) received a request from the victim to inquire about the acquisition of the right of lease with the right of lease instead of acquiring the instant land; and (b) consented to the victim to inquire about the commercial buildings to exchange the right of lease with the instant land and the instant land; and (c) around November 2, 2012, the said C Real Estate Brokerage Office agreed to exchange the victim with the victim with the leased right of KRW 60,00,000 (right to refund the security deposit for deposit) of the building Jin-gu, Seocheon-gu, Seoul Special Metropolitan City, Nowon-gu, or the commercial building No. 110 and 111. For such exchange, the seller should pay in full the balance of the instant land transaction and be provided with the land transfer documents.”
The Defendant and F, under the foregoing mother, are F, around October 6, 2012.