A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a real estate intermediary assistant in the Seo-gu Incheon Metropolitan Government “E Authorized Broker”, and F is a person delegated by the owner H for 501 of the Seo-gu Incheon Metropolitan Building, the victim I is the buyer of the G Building 501, and the Defendant was operated by F in 501.

J has taken over and tried to operate the Hoppons.

On June 2, 2016, the Defendant arranged a sales contract between F and the victim with respect to 501 of the said G building, and determined the sales price as KRW 470 million (the actual sales price is KRW 450 million, or KRW 20 million). The down payment is KRW 20 million for the first intermediate payment, KRW 70 million for the second intermediate payment, KRW 16 million for the second intermediate payment, and KRW 364 million for the remaining amount.

In accordance with the above contract, around May 26, 2016, the Defendant transferred KRW 50 million from the injured party to the Nonghyup Bank account (K) account in the name of the Defendant, and KRW 80 million in the name of intermediate payment and intermediate payment (M) around June 2, 2016, the Defendant transferred KRW 91.2 million in the name of intermediate payment and remainder (excluding KRW 1.2 million in the same day, but 1.2 million in the case of being delivered under other names) to the Defendant, and received KRW 130 million in total.

1. Embezzlement;

A. On May 26, 2016, the Defendant, as a real estate brokerage assistant, was given KRW 50 million to the seller H or the seller’s agent for the said real estate contract deposit and intermediate payment, despite the fact that the Defendant was given payment of KRW 50 million to the seller H or the seller’s agent for the said day, he/she distributed KRW 20 million to the N account used by F as the contract deposit. At that time, the Defendant, while keeping KRW 30 million for the victim, he/she arbitrarily used it for personal purposes, such as Jhopp collection expenses, etc.

B. The Defendant, as a real estate brokerage assistant on June 2, 2016, received KRW 80 million from the injured party under the pretext of intermediate payments and remainder payments, and if he/she was permitted to use KRW 44 million from the injured party as a loan, as described in paragraph 2, he/she shall use the remainder.