2.Provided, That 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 power] On June 28, 2013, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Incheon District Court, which became final and conclusive on August 19, 2013. On September 12, 2013, the Incheon District Court sentenced two years of suspended execution to eight months of imprisonment for a crime of fraud at the Incheon District Court, which became final and conclusive on December 28, 2013.

【Criminal Facts】

C A former representative director of D Co., Ltd. conducting real estate development business, etc., and the defendant was a former managing director of D Co., Ltd.

On January 20, 2012, the Defendant conspired with the above C, entered into a contract to sell the above F-801, 802 units to the victim G in the third floor F sales office of the building E of the Nam-gu Incheon Metropolitan City, Seoul, and concluded a false statement as if the ownership transfer could be possible upon paying the sale price.

However, the fact that D did not pay the balance of the purchase price of the above real estate, and the registration of transfer with respect to 1/2 of the above real estate's co-ownership shares was made, and as of September 22, 201, there was no intention or ability to transfer the ownership of 801 and 802 of the above real estate even if it received the purchase price from the victim.

In collusion with the above C, the Defendant, as such, by deceiving the victim, and then deceiving the victim from the victim to the one bank account under the name of the Co., Ltd. for sale price, the Defendant acquired the money by transfer from the victim, with the total amount of KRW 50 million on January 20, 2012, KRW 35 million on January 31, 2012, KRW 35 million on February 13, 2012, and KRW 120 million on February 13, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of the accused;

1. Protocol of the police statement concerning G;

1. Application for coal, investigation report;

1. Before judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on the results of confirmation before and after disposition, and confirmation during trial proceedings);

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. As to the suspended sentence, Article 62(1) of the Criminal Act;