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

The Defendant, on July 20, 2012, in the restaurant “C” located in Jongno-gu Seoul, Jongno-gu, Seoul, would sell a house to the victim D by auction within one to two months.

A large number of days of auction, and other persons shall be granted the right to vote on the settlement of disputes.

In order to purchase a house, 1.1 million won and 1.22 million won and 5,000 million won are required, the remaining money were borrowed from the house to the house, and the other money was paid off later.

However, in fact, although there was a revenue of KRW 1.5 million per month, the defendant had to consume all of the cost of living, and there was no other accumulated property, so even if he received money from the injured party, he was thought to consume it as the cost of living expenses, and the victim did not have the intention to prepare the house to reside at auction and did not have the ability to repay the money

After all, on October 29, 2012, the Defendant was granted KRW 49 million in cash from a national bank located in Jongno-gu Seoul Jongno-gu, Jongno-gu, Seoul, for auction proceeds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considering the circumstances, such as the reflection of his/her mistake, the violation that he/she does not want the punishment of a defendant by mutual consent with a victim, and the absence of any record of punishment after 2009);