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A defendant shall be punished by imprisonment for nine months.
Reasons
Punishment of the crime
On June 17, 2010, the Defendant arranged the victim D to purchase land in the Da real estate office in Chungcheongnam-gun, Chungcheongnam-gun, Ma, F, G, and H 4 lots of land in Chungcheongnam-Nam-nam around June 17, 2010 for the same period, and 40 million won as the down payment on the same day, and the same year.
7. 13. A deposit of KRW 20 million in the agricultural bank account under the name of the defendant was received as part payment.
However, in fact, the Defendant paid 8 million won as down payment to I who is the seller of the above land, and paid 30 million won as the down payment to I who is the seller of the above land (the amount of eight million won for contract and the introduction fee of 2 million won for the seller agent) and the intermediate payment of 20 million won was considered to be used for other purposes, such as the repayment of H’s land reclamation price and the obligation of construction payment related to the above land.
Nevertheless, as seen above, the Defendant concluded a false statement as if he were to pay the above land purchase price, and received 60 million won in total as the purchase price for land twice from the victim.
Summary of Evidence
1. A protocol of examination of part of the defendant by prosecution;
1. Each police statement made to D or J;
1. A complaint, each real estate sales contract, all the matters to be registered, a full certificate of passbook transaction, a copy of passbook transaction, a certificate of contents, and a detailed statement of transaction;
1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;
1. Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act, and Article 347 of the Criminal Act does not specify the amount of the instant fraud
In addition, the defendant, while carrying out real estate brokerage business without qualification, is sentenced to punishment in consideration of the fact that he/she again commits the same crime even though he/she was two times.