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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who runs real estate brokerage business under the trade name of "D real estate" and managed the land, building, etc. of victim E.
1. On August 10, 2010, the Defendant: (a) sold F land owned by the victim to G H on or around August 10, 2010; and (b) thereafter, upon the rescission of the said contract, the Defendant said that “I would deliver the F land to H if I send the down payment of KRW 20 million, a half of the down payment of KRW 40 million, to the victim E.
However, in fact, H did not request the Defendant to return KRW 20,000,000, which is a part of down payment, to the Defendant, and even if the Defendant received KRW 20,000 from the injured party, H did not have the intention or ability to deliver it to H.
Nevertheless, on January 23, 2013, the Defendant was transferred KRW 20,000,000 from the injured party to the Gwangju Bank account (Account Number: I) in the name of the Defendant, under the pretext of paying down payment.
Accordingly, the defendant was given property by deceiving the victim.
2. On February 2, 2014, the Defendant: (a) stated that “The Defendant would intermediate the trade of 1,604 square meters of J land owned by K to the victim E at a closed place; and (b) the payment is KRW 164,90,000 per square meter; and (c) as the payment is KRW 340,000 in total, KRW 340,000 per square meter, the Defendant would deliver the payment to K.”
However, in fact, K had thought that the above land was sold in KRW 160,040,000 for 330,000 per square day, and even if the defendant was paid 164,90,000 won from the injured party as the purchase price, K did not have the intention or ability to give it to K for all as the purchase price.
Nevertheless, on February 19, 2014, the Defendant received KRW 20,000,00 as the down payment for the sale and purchase of the above land from the injured party, and KRW 144,90,000 under the remaining terms on March 7, 2014, from the Gwangju Bank account (Account Number: I) in the name of the Defendant, and only KRW 160,000 among them.