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

On November 14, 2017, the Defendant entered into a sales contract with the victim D to sell the head of Seongdong-gu Seoul EtelF for KRW 3.3 million.

However, although part of the site of the above officetel is owned by (ju)G, the defendant paid KRW 112,720 to (ju)G as the monthly rent, the defendant was found to have concealed without notifying the victim of the important fact under the real estate sales contract.

As above, the Defendant: (a) by deceiving the victim; and (b) obtained 30 million won as the down payment from the said authorized broker office on November 14, 2017; and (c) 273 million won as the remainder of the transaction on December 14, 2017; and (b) acquired 330 million won in total from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police against D;

1. Complaint;

1. The defendant and his defense counsel considered in the course of the sale of the instant officetel that "the defendant and the accompanying certified broker know well the fact that the owner of the instant officetel would pay the land rent to the GUG," and the land rent is not an essential part of the sales contract in small amount and did not notify the victim thereof. Thus, the defendant did not have the intention of deception.

The argument is asserted.

The deception as a requirement for fraud refers to all active and passive acts that have a good faith and good faith to be observed by each other in the transactional relationship with property. The deception by omission refers to a person subject to the duty of disclosure under the law does not inform the other party of a certain fact with the knowledge that the other party has been involved in a mistake. Therefore, if the other party knew of such fact in light of the rule of experience of general transactions, it would have been done.