However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

On August 17, 2012, the Defendant was sentenced to a suspended sentence of ten months of imprisonment with prison labor at the Busan District Court on August 17, 2012 and the said judgment became final and conclusive on August 25, 2012.

On March 3, 2011, the Defendant stated that “D” office operated by the Defendant located in the Busan-gu Busan-si, Busan-si, that “The Defendant would sell the house to the victim E with F apartment 1, 101 main place, F apartment 1, 101, and 40 million won.”

However, the fact was that the defendant was not the owner of the house, and there was no actual owner of the house, and there was no fact that he was delegated to trade from G, the actual owner of the house.

As such, the Defendant, by deceiving the victim as such, received KRW 5 million from the victim on March 3, 201, as down payment, KRW 20 million on March 30, 201, KRW 20 million on April 6, 201, and KRW 39 million on May 4, 201, and KRW 12 million on May 4, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A real estate sales contract, each receipt, and a deposit without passbook;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of judgment attached);

1. Article 347(1) and Article 30 of the Criminal Act, the choice of applicable law and punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (defensive order, non-existence of punishment for victims, and reflective order);