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.

[Presumption Facts] The Defendant is the owner of the building located in Kimpo-si B and C, and D is a person who leased part of the first floor of the above building from the Defendant and operated the “E grandchildren Vice-head”, and the victim F was the customer of the above “E grandchildren Vice-head”, and the victim F was the beneficiary of the above third Vice-Director from the above D.

Around February 2017, the victim was interested in the third secretary-general acquisition, and the victim was required to enter into a lease agreement by introducing the victim to the defendant who is the principal owner of the building upon the consent of the above condition. This means that the victim is required to pay KRW 50 million and the premium of KRW 50 million to be paid to the defendant who is the principal owner of the building.

[Criminal facts]

1. The Defendant, while entering into a lease contract with the victim on April 12, 2016, committed fraud with intent to acquire the security money for lease by concluding a lease contract with the victim, even though the said building was in progress upon voluntary decision of commencement of auction as of April 12, 2016.

On February 14, 2017, the Defendant entered into a lease agreement with the victim and the third party of the building, with respect to the lease deposit amounting to KRW 50 million, monthly rent of KRW 2 million, and two-year lease agreement with the third party of the building, and did not notify the fact that the subject building is conducting auction at the car center office operated by the third party of the above third party.

On February 14, 2017, the Defendant acquired 25 million won in total from the victim to the H bank account in the name of (ju) G operated by the Defendant as the down payment of the lease deposit, and from February 22, 2017, the Defendant acquired 25 million won in total as the intermediate payment of the lease deposit to the same account as the part payment of the lease deposit.

2. On March 14, 2017, the aggrieved party who interfered with the business is aware of the certified copy of the registry of the building in this case and of the fact that the registration is being conducted at auction, and even with knowledge of the fact that the registration is being conducted, all of the remainder of the lease deposit