A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On December 6, 2013, the Defendant was sentenced to six months of imprisonment with prison labor at the Jeonju District Court for fraud, and the said judgment became final and conclusive on the 12th of the same month.

1. A person who intends to run real estate brokerage business in violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act shall register the establishment of a brokerage office with the head of the registration authority having jurisdiction over an area where he/she intends to establish

Nevertheless, on September 10, 2012, at the E-real estate consulting office operated by the Defendant located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, the Defendant, without registering the establishment, mediated a contract to sell the same group G and two parcels owned by F to H for KRW 40 million and received KRW 1 million in the name of brokerage.

2. Around September 20, 2012, the Defendant: (a) agreed to deliver 14 million won of the purchase and sale of the said land from the victim H to the landowner K at the J office located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun; (b) received the agreement and kept the same for the victim; and (c) used the same for personal purposes at the land in the vicinity of that time; and (d) embezzled arbitrarily for personal purposes.

3. On April 23, 2013, the Defendant violated the Act on the Registration of Real Estate under Actual Titleholder’s Name: (a) at the E-real estate consulting office located in Seocheon-gun, Chungcheongnam-do; (b) at the Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do, where the registration of ownership transfer has been made under L’s name; (c) exchanged land on the land outside Seocheon-gun, Chungcheongnam-gun, and four lots, where the registration of ownership transfer has been made under five lots of land and four lots of land; (d) the period during which the N has lent the real estate registration name to the N; and (e) on June 17, 2013, the registration of ownership transfer has been completed under the name of the Defendant at the head of the Daejeon District Court’s registry office located in Seocheon-gun,

Accordingly, the Defendant registered the real right to real estate under the name of the Defendant, the title trustee, according to the title trust agreement.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and N;

1. The prosecutor's statement concerning H;

1. A real estate sales contract;