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

On March 3, 2007, the Defendant made a false statement to the victim E at the D Real Estate Office located in Gangseo-gu Seoul Metropolitan Government, stating that “The Defendant would sell the Yangcheon-gu apartment 102 apartment unit of G (hereinafter “the apartment unit of G”) in lieu of the construction cost from F in KRW 140 million. At present, the Defendant would leave the apartment unit of this case and allow the victims to acquire ownership transfer without molding until May 31, 2007.”

However, in fact, the Defendant: (a) transferred the ownership of the instant apartment from the members of the Association, who were the owner of the instant apartment; and (b) transferred the ownership to the Defendant in sequence; (c) at the time, the Defendant did not have any intention or ability to transfer the ownership of the instant apartment until May 31, 2007, due to the dispute over construction cost between F and members of the Association, F was unable to be transferred the ownership of the instant apartment; and (d) there was no intention or ability to transfer the ownership of the instant apartment by May 31, 2007, including the remainder of the F and settlement procedures for the instant apartment due to the payment in kind

Accordingly, the Defendant, by deceiving the victim as above, received a total of KRW 50 million from the victim as the down payment around March 26, 2007, and received KRW 50 million as the intermediate payment around April 6, 2007, including receiving KRW 50 million as the intermediate payment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses E in the third protocol of the trial;

1. Statement to E by the police;

1. A complaint, a written judgment, or a civil appellate judgment;

1. Determination as to the defendant of the investigation report and his defense counsel's assertion

1. The summary of the defendant's and his defense counsel's assertion did not deceiving the victim as stated in the facts of construction, and the victim has the intention or ability to transfer the ownership of the apartment to the victim until May 31, 2007, and therefore, there was no intention to commit the crime of defraudation.

2. Determination

A. Legal principles are applicable to fraud.