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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant is an authorized broker who works for real estate brokerage business as an operator of the "E Authorized Broker Office" located in Ansan-si, Ansan-si.
On October 11, 2014, the Defendant: (a) arranged a lease contract of KRW 90 million between H and the victim I, who is the actual owner’s interest, the lessor, and the lessor, with respect to the “E Authorized Brokerage Office 302, Ansan-si, Ansan-si” in F-owned name; (b) the lessee would pay the remainder of KRW 70 million on October 16, 2014, and at the same time the lessor would deliver the said loan; (c) at the same time, the lessor would have the lessor cancelled the remainder of KRW 420,000,000 on the condition that the lessor would pay the remainder of KRW 1,50,000 on the condition that the lessor would pay the remainder of KRW 1,50,000 (the maximum amount of KRW 2,00,000,000,000,0000,000,000).
In order to implement the foregoing special agreement, the Defendant received the deposit from the injured party in advance, and received the deposit from the injured party in order to appropriate it for the repayment of the debt for the cancellation of the nearby mortgage on October 13, 2014, with the corporate bank account (K) in the name of the Defendant, and KRW 89.5 million, including KRW 15 million on October 15, 2014, and KRW 89.5 million on October 15, 2014. Thus, the Defendant had a duty to use the deposit for the cancellation of the nearby mortgage on the said two occasions.
Around that time, the Defendant is under construction of a different Ba, and there is a need for construction funds. Accordingly, the Defendant sent the deposit for the lease from the above H to L, who is another creditor of the above H.
At the request of the change, the deposit for the lease on a deposit basis could not be used for the cancellation of the above 2th collateral, and accordingly the above 2th collateral may not be cancelled until the payment date of the balance.