Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On April 6, 2016, the Defendant entered into a real estate sales contract with the victim F to sell the three buildings of this case to the victim F for KRW 200 million, including G, 101 and 102, and underground floor non-point 01, in a public zone owned by the Defendant, at the E-official brokerage office located in the public zone in the public zone in Jeju-si.

However, in fact, the part from the entrance door of the building Nos. 101 and 102 and the part of the wooden floor side Nos. 101 were in danger of being removed at any time by being illegally extended without reporting extension.

Although the fact that part of the object of sale is an illegal building is an important matter in determining whether to purchase it, the seller was obligated to notify the purchaser of such fact, the seller did not notify the victim of such fact because it is likely that the sales contract of this case will not be constituted.

As such, the Defendant: (a) by deceiving the victim; (b) received KRW 10 million from the victim on April 6, 2016; (c) transferred KRW 120,510,184 to the Agricultural Cooperative Loan Account under the name of the Defendant on April 28, 2016; and (d) received KRW 45,02,816 from the Defendant’s account in the name of the Defendant and received KRW 175,53,000 in total from the said date.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Statement made by the police with H;

1. Each investigation report (i.e., investigation into I telephone, 102 J telephone investigations by tenants, hearing of K telephone statements by tenants, and hearing of statements by certified intermediaries Lone);

1. A complaint, real estate transaction contract, receipt, all registered matters, certificates, monthly rent contracts, recording notes, remittance statement, details of purchase, certificate of contents, building ledger, and statement of confirmation of objects of brokerage;

1. Application of Acts and subordinate statutes to each building photograph and photograph;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, made a confession as an initial offender and reflect in depth.