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

On August 3, 2012, the Defendant concluded a sales contract with the purchase price of KRW 72 million, down payment of KRW 40 million, and the remainder of KRW 32 million with respect to officetels No. 830, the Defendant sold to the victim E in the Dtel sales office located in the Dtel No. 112 of the C building 13:00 on August 3, 2012.

However, the defendant had no intention or ability to sell the above officetel in the name of the defendant, since the sales contract of the above officetel should be made in the name of the Rose Trust as a situation where the contract for sale of the above officetel was entered into with the Rose of Sharon Trust with the real estate security trust contract.

Nevertheless, the Defendant, by deceiving the victim, entered into a sales contract with the victim and the defendant as the other party to the contract, and received a total of KRW 40 million from the victim by remitting KRW 30 million to the national bank account in the name of the defendant on August 3, 2013, KRW 5 million around August 6, 2013, KRW 1 million around August 8, 2013, and KRW 40 million around August 10, 2013. < Amended by Presidential Decree No. 24577, Aug. 10, 2013; Presidential Decree No. 24578, Aug. 10, 2013>

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and G;

1. Application of Acts and subordinate statutes to the original trust register, a complaint, a copy of a real estate sales contract, a copy of passbook, content certification, a certified copy of a register of accounts, a photograph of mobile phone text messages, mobile phone pictures, a statement of financial transactions

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

1. Considering that the defendant's reasons for sentencing under Article 62 (1) of the Criminal Code of the Suspension of Execution has a history of punishment for multiple crimes, and that the amount of fraud is not clear, it is necessary to strictly punish the defendant.

However, it is against the defendant's confession of crime, repayment of the amount of damage by agreement with the victim, and other motive, means and result of the crime of this case, circumstances after the crime, and the defendant.