except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Around January 15, 2009, the Defendant drafted a lease agreement on No. 301 on No. 301 of the B building B with the husband D of the victim C and the victim as the lessee in Ansan-si building B, which reads that “The Defendant purchased the lease in the name of ASEAN E, but did not yet have registered. If the lease money is paid in KRW 60 million, the Defendant would have the right to lease on a deposit basis after completing the registration later.”

However, in fact, the Defendant was merely a verbal promise to purchase the above B building No. 301 with the owner F, and did not yet deposit the down payment, and the decision to purchase the above 301 was an important factor to determine whether to conclude the pre-sale contract. Therefore, even if the Defendant was obligated to notify the victim of the status of the pre-sale contract, the Defendant did not properly inform the victim of the fact. Even if the Defendant received the deposit from the victim, he did not wish to pay the balance for the establishment of the sales contract. Accordingly, the Defendant did not have the intent or ability to set up the right to lease on a deposit basis for the victim, and did not have the intent or ability to return the deposit normally even if the Defendant received the deposit from the victim.

Nevertheless, the defendant received 60 million won as a security deposit from the victim and acquired the property of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a real estate lease contract, a certificate of transfer, and full certificate of registered matters;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence on the sentencing guidelines / [type] In the case where considerable damage has been recovered from the part corresponding to the category 1 (less than KRW 100 million) (special mitigation factors) (the scope of the recommended sentence], one month to one year in the basic area.