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.

On January 7, 2013, the Defendant concluded a lease agreement with the victim F and the Defendant on the “E Real Estate” office located in Gwangju-si, Gwangju-si, Gwangju-si, G 101 Dong 401, and concluded a false statement on the existence of the right to collateral security that had already been established on the said real estate. The Defendant concluded with the victim that “The Defendant would use the entire lease deposit received from the damaged person for repayment of the obligation to cover the above collateral security (loan obligation) and deliver “the above repayment certificate” in the meaning of its confirmation, and that the building goes beyond auction, and that the lease deposit is not always returned at the time of termination of the contract.”

However, even if the Defendant received the lease deposit from the injured party, it was thought that the Defendant would use it for the payment of the deposited construction cost, not for the repayment of the above Saemaul Treasury loan obligation, and there was no intention or ability to return the lease deposit to the injured party normally because the amount of the deposited construction cost reaches about one billion won.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received a total of KRW 150 million from the victim to the victim, namely, KRW 15 million as down payment, and KRW 135 million from January 25, 2013, respectively; and (c) received delivery of KRW 150 million from the victim to the victim.

Summary of Evidence

1. Partial statement of the defendant (the purpose of recognizing facts);

1. A protocol concerning the examination of suspect of some police officers against the defendant (38 pages, 55 of the investigation records);

1. Statement made by the police with regard to F;

1. A detached house lease contract, a certified copy of the registry, search for auction cases, details of loan transactions, personal financial transaction details, age assessment information [1] The defendant does not use the money that he received from the injured party unlike the special agreement with the injured party to repay the secured debt of the Saemaul Treasury prior to priority mortgage, and uses most of the construction cost and living cost for about 50 days after he immediately deposited the money into his own deposit account, and ② the above period.