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

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

Punishment of the crime

The Defendant is a representative director of the E Co., Ltd. (hereinafter “E”) under the implementation of the “Mado Officetel, city-type residential housing development project (hereinafter “instant project”)” that constructs and sells officetels on the land outside and outside of the wife population C, which is a private individual E (hereinafter “E”).

On August 22, 2013, the Defendant was in the E office located in Seongbuk-gu, Sungnam-si, Sungnam-si, and “The above business was interrupted due to the modification of the design, and will resume the construction soon.

The purpose of this paper was to make it possible to take charge of the sales agency's business so that the sales agency can obtain the sales agency fee, and thus, to pay the sales deposit.

However, at the time of this case, the project was interrupted due to the financial problem of the E and the execution private company H construction, and the construction was interrupted from time to time due to the failure to pay the construction cost to the subcontractor. Thus, even if the Defendant received the money from the damaged party, he did not have the intent or ability to resume the construction to have the victim carry out the sale agency business.

Nevertheless, the Defendant, as seen above, received the total sum of KRW 100,000,000 from the injured party on August 22, 2013, KRW 30,000,000 around September 6, 2013, and KRW 20,000,000 around September 2013, and acquired it as a sales agency deposit.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J and G;

1. Statement made to K in the police statement;

1. A contract for sales services by proxy;

1. A loan agreement for full consumption of gold;

1. A remittance statement;

1. Application of statutes on business agreements, proxy business contracts, and trust contracts for sale and management of buildings;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Determination of the assertion of the defendant and his defense counsel under Article 62 (1) of the Criminal Code of the Suspension of Execution and the defendant and defense counsel did not sell the defendant for the reason of the victim's fault, and the victim's officetels pursuant to the project of this case.