However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

On March 11, 2011, the Defendant concluded a false statement to the effect that, in leasing the instant apartment to the Victim G on behalf of the Defendant, the D Licensed Real Estate Agents’ Office No. 102 in Yeongdeungpo-gu, Young-gu, the Defendant leased the Defendant’s 2806-dong No. 1401 (hereinafter “instant apartment”) to the Victim G on behalf of the Defendant’s E, the Defendant would have set a right to collateral security at KRW 3.5 million with respect to the above apartment, the amount of the loan principal of KRW 376,50,000,000, the maximum debt amount is set at KRW 376,50,000,000 with respect to the said apartment, but upon the conclusion of a lease agreement, the Defendant paid the remainder of KRW 1.40,000,000,000,000,000 won with partial repayment of the loan immediately received

However, even if the Defendant received the lease deposit from the victim, he/she has to return the deposit to the previous lessee, and should also use the deposit to repay other debts, so there is no intention or ability to implement the said agreement because the amount to be used for the repayment of the loan with collateral security is insufficient.

The Defendant is a clerical error in the indictment written by the victim on March 11, 2011, “ March 11, 2013.” as “ March 11, 2011.”

On April 15, 201, 201, 126,000,000 won was remitted to the E account designated by the Defendant under the name of the lease contract deposit and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's interrogation protocol on the accused and E;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to a financial transaction certificate, apartment lease contract, each certified copy of each real estate register (9,17 No. 17), civil judgment, and credit report;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The following facts are acknowledged based on each of the above evidence to determine the criminal intent of the crime of defraudation under Article 62(1) of the Criminal Act (a favorable consideration of the reasons for sentencing as follows).