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

The defendant shall pay 42 million won to the applicant B for compensation.

3.2

Punishment of the crime

Around February 25, 2019, the Defendant entered into a contract to sell the title of the Michuhol-gu Incheon Building F (hereinafter referred to as the “Real Estate”) to the injured party B for KRW 1350 million, which is the Defendant, at the “D Licensed Real Estate Agent Office” located in Michuhol-gu Incheon Metropolitan City (hereinafter referred to as the “D Licensed Real Estate Agent Office”), and received KRW 5 million as the down payment, and KRW 34 million as the intermediate payment around March 4, 2019, respectively. As such, on March 15, 2019, the Defendant received KRW 94.5 million as the remainder payment from the injured party on March 15, 2019, at the same time, the obligation to transfer the ownership of the said real estate occurred

Nevertheless, the Defendant, in violation of the foregoing duties, borrowed KRW 42.2 million from G on March 8, 2019, and set up a collateral security with the maximum debt amount of KRW 45 million and the maximum debt amount of the said maximum debt amount G, thereby acquiring pecuniary benefits equivalent to the said maximum debt amount and causing damages equivalent to the said amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to H

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

1. Reasons for sentencing under Articles 25 (1), 31 (1), (2) and (3) (referring to the amount within the limit of 42 million won actually paid by the injured party G) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning Orders for Compensation and Declaration of Provisional Execution;

1. Sentencing Criteria [Determination of Punishment]. Embezzlement and breach of trust [Type 1] There is no person who is less than KRW 100 million [the scope of recommending area and recommendation] (the scope of recommending area and recommendation] basic area, imprisonment with labor for not less than four months and one year and four months;

2. The defendant who has rendered the decision of sentence has led to a confession of crime, and the defendant has no criminal record of the same kind or suspended sentence of imprisonment;

However, G applied for a voluntary auction on the above real estate, and the victim did not completely recover the damage, even though he/she subrogated the secured debt amounting to KRW 42 million.

In full view of the above circumstances, the punishment as ordered shall be determined as above.