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

[Criminal Justice] On April 13, 2011, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for six months for embezzlement at the Changwon District Court’s branch branch on April 13, 201, and the judgment became final and conclusive on April 21, 201.

【Criminal Facts】

The Defendant, who is engaged in the real estate brokerage business, reported that the victim B was unable to sell the said real estate because it was not capable of paying taxes, such as capital gains tax, on the land of 1,124 square meters prior to C before C in the possession of the said real estate, and did so as to fully pay taxes, such as capital gains tax, to the victim, and sold the said real estate to a third party for the acquisition of difference.

Around June 2009, the Defendant concluded that, “EA” operated by the victim B, who was located in Mao-si, sold land of KRW 1124 square meters prior to Mao-si to B, the Defendant would provide the victim with all relevant taxes, including capital gains tax, if he/she sold land of KRW 1,124 square meters prior to Mao-si. In lieu of granting taxes, such as capital gains tax, etc., the Defendant falsely concluded that the said real

However, the Defendant did not have any particular asset at the time so that he could not pay capital gains tax on behalf of the victim. Since the Defendant reselled the said real estate and intended to use the total proceeds from resale to pay his own cost of living and debt, there was no intention and ability to pay capital gains tax on behalf of the victim

As above, the Defendant deceptioned the victim and had the victim complete the registration of ownership transfer on July 13, 2009 in F and G with respect to the above real estate.

Accordingly, the defendant had a third party receive property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The part concerning the statement B in the police interrogation protocol against the defendant

1. Report on investigation (report on the result of execution of a warrant for search, seizure or inspection);

1. Application of the respective Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (2) of the Criminal Act selecting a penalty;

1. The Criminal Act dealing with concurrent crimes;