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

Criminal facts are recognized ex officio as follows to the extent that the identity of facts charged is recognized and there is no substantial disadvantage in guaranteeing the defendant's right to defense:

On February 1, 2013, the Defendant made a false statement to the victim D that “In order to lease the second floor underground, the Defendant sent down payment of KRW 25 million and KRW 3,00,000,000,000,000,000,000,000,000,000 won, to E, under the prior contract, to whom the owner of the building was entitled to lease the first and second floors underground from the owner of the building as the management office of the building.”

However, in fact, the Defendant did not have been delegated by the owner of the building with the authority to execute the lease contract for the building, and there was no intention or ability to implement the contract for the first and second floor above the building even if the Defendant received money from the damaged person as the down payment, etc., because the Defendant thought that the amount would be covered by the down payment, etc. when the amount was remitted from the damaged person

The defendant received a total of KRW 33 million from the damaged person to the account in the name of E on the same day, by remitting the total of KRW 33 million under the name of contract deposit and premium.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D and F’s respective legal statements, and witness G’s partial statement;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Each police statement made with respect to D, H and F;

1. Complaint;

1. C Building Lease Agreement, Seoul Western District Court Decision 2014Gadan18844 decided May 1, 2014 (the Defendant and the defense counsel delegated the authority to conclude a lease agreement from the owner of the building of this case to the owner of the building of this case, and thus, asserted the facts charged.

However, according to the above evidence duly adopted and investigated by this court, the following circumstances, i.e., the victim and the F, are recognized by this court and the investigative agency.