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1. The defendant shall be punished by imprisonment for eight months and a fine of one thousand won; and
2. The defendant does not pay the above fine;
Reasons
Punishment of the crime
"2015 Highest 355"
1. The Defendant was entrusted by the victim C with the sale of the instant forest land 3,571m2 (hereinafter “the instant forest land”) owned by the victim Hongcheon-gun, Hongcheon-gun.
At the F Licensed Real Estate Agent Office operated by the Defendant on July 15, 2011, the Defendant, on behalf of the victim, sold the instant forest land to G at the purchase price of KRW 50 million (five million in the contract amount, an intermediate payment of KRW 14 million on July 15, 201, when entering into a contract) on behalf of the victim (hereinafter referred to as “instant sales contract”), and received KRW 5 million in the down payment and intermediate payment of KRW 14 million from G, i.e., payment of KRW 5 million in the down payment and intermediate payment of KRW 14 million in the face of July 15, 2011.
On December 8, 2011, the Defendant and G agreed to reduce the sales price of KRW 40 million in lieu of changing the object of the instant sales contract into KRW 2,749 square meters in Hongcheon-gun, Hongcheon-gun, and KRW 160 square meters in the instant forest, and KRW 19 million in lieu of changing the object of the instant sales contract to KRW 3,571 square meters - 160 square meters in the Gangwon-do, Hongcheon-gun, and KRW 160 square meters in the instant forest (=the down payment of KRW 30 million in the remainder of KRW 10 million in the remainder of the down payment of KRW 30 million). On July 15, 2011, G agreed to reduce the sales price of KRW 19 million in lieu of the down payment of KRW 30 million paid to the Defendant (= KRW 5 million in lieu of the down payment of KRW 5 million in the instant forest).
G paid the Defendant the remainder down payment of KRW 11 million on December 8, 201, and KRW 10 million on December 25, 201, respectively.
As can be seen, the Defendant received KRW 40 million from G to KRW 160,000,000 for the purchase price of KRW 40,000,000 for KRW 19,000 for KRW 10,000 for KRW 11,00,00 for KRW 10,000 for the victim, and embezzled for personal use, such as living expenses, office expenses, and debt reimbursement, around that time.
2. The Defendant, at the F Licensed Real Estate Agent Office operated by the Defendant on December 25, 2011, who operated the Defendant Hongcheon-gun, Hongcheon-gun, the Defendant would lend the Victim G with the payment up to April 30, 2012.