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1. Defendant A shall be punished by imprisonment for four months and eight months;
2.Provided, That for two years from the date this judgment becomes final and conclusive, respectively.
Reasons
Punishment of the crime
1. Defendant C and Defendant A’s co-principal committed a brokerage assistant at the I Licensed Real Estate Agent’s Office located in Gangseo-gu Seoul Metropolitan Government, and Defendant A, who operated a music institute, has left a market price profit by purchasing and selling the real estate at a price lower than the market price through Defendant C.
On August 2007, the Defendants first purchased real estate at a price lower than the market price as above, and prepared a so-called “business contract” with Defendant A’s advance payment, which increased the amount of the actual purchase price, and offered profits through an investment in the increased purchase price, thereby receiving the money in the name of down payment and intermediate payment, and receiving the return by Defendant A.
Accordingly, around August 8, 2007, when Defendant C purchased J 101 Ba (hereinafter “the loan of this case”) introduced by Defendant C in the name of Defendant C, Defendant C transferred 10 million won of the sales contract for the loan of this case to the account designated by Defendant C with the priority around August 8, 2007. Defendant C purchased the loan of this case from Ma Real Estate located in Gangseo-gu Seoul Metropolitan Government L with its own name at KRW 135 million on August 9, 2007, with the purchase price of KRW 165 million of the sales contract, KRW 105 million of the sales contract, KRW 30 million of the down payment per contract, KRW 30 million of the intermediate payment on August 30, 2007, KRW 15 million of the intermediate payment on September 10, 2007, and KRW 160 million of the remainder of the down payment contract, each of which was paid to Defendant C. The remainder.
Since then, Defendant A’s investment in purchasing the instant loan to the victims’O known to the general public can bring profits through a short-term unregistered pre-sale, and the increased purchase price of KRW 165 million is based on the above-mentioned increase.