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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around April 2012, the Defendant: (a) arranged to sell and purchase the said land from the victim E, who is the owner of the Gangwon-gu Seoul Special Metropolitan City and D2 parcel; and (b) agreed that KRW 145 million out of the purchase and sale amount shall be remitted to the victim; and (c) the remainder shall be paid by the Defendant in various taxes, such as capital gains tax imposed on the said purchase and sale contract.

On May 22, 2012, the Defendant received transfer money from the office of “H Licensed Real Estate Agent” in the office of the Defendant’s management of the Defendant located in Gangseo-gun G from the said office, and embezzled 38 million won out of the balance paid by the said F, for the payment of capital gains tax, etc. from an I certified judicial scrivener, and used it for living expenses, etc. around that time.

2. A person who intends to run a 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 a competent authority having jurisdiction over an area where he/she intends to establish a brokerage office under the conditions

Nevertheless, the defendant has not registered the establishment of a brokerage office:

A. In operating an office with the trade name of “H Licensed Real Estate Agent” at the same time and place as in paragraph 1, the act of trading E and F was assisted as above.

B. On August 10, 2011, at the office of the above H Licensed Real Estate Agent, a contract was concluded to sell K and L 2 parcels owned by the J to the purchaser M for KRW 607,90,000 of the purchase price, and the commission was received and arranged for the trade of J and M.

Accordingly, the defendant runs the brokerage business without registering the establishment of the brokerage office.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and I;

1. Application of Acts and subordinate statutes to each real estate sales contract, each opinion evidencing each real estate sales contract, each all of the registered matters, each verification statement, each confirmation note, written confirmation of details of transactions, urging note, statement of transactions

1. Relevant Article 355 (1) of the Criminal Act and Article 355 (1) of the Criminal Act (the point of embezzlement) for criminal facts;