A defendant shall be punished by imprisonment for not less than eight months.

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.

Punishment of the crime

While the Defendant, as to “D” real estate owned by C (hereinafter “Sayang-gun real estate”), was the actual owner, and C was willing to dispose of the said real estate as if it were the owner in the name, and C was willing to exchange with the right of lease (hereinafter “right of lease”) held by the Victim F, a real estate broker, for exchange with the right of lease (hereinafter “right of lease”) that the Victim F would pay deposit amount of KRW 20 million on the second floor of G A, Dong 2, in Chungcheong City.

On September 13, 2010, the Defendant concluded a real estate exchange contract with the victim by explaining that the actual owner of the above co-owned real estate is the Defendant, to E, who was delegated by the victim F, as a real estate trader at the mutual French shop in Mapo-gu Seoul Metropolitan Government.

The content of the above land exchange contract was that when the defendant entered into an exchange contract with the victim on the real estate of the above Seoyang-gun and the above Seoyang-gun, the defendant additionally acquired the right to collateral security equivalent to the maximum amount of 78 million won on the land of the above Seoyang-gun and received the remaining difference of 25 million won from the victim.

However, in fact, the defendant was not the actual owner of the above Doyang-gun's real estate, and even if the defendant entered into an exchange contract with the victim because he did not obtain any consent on the disposal from C, the actual owner did not have an intention or

Ultimately, the Defendant, by deceiving the victim as such, was transferred from the victim to the single bank account in the name of the Defendant’s wife, KRW 25 million in total, including KRW 10 million on September 13, 2010, KRW 5 million on the 27th of the same month, and KRW 10 million on October 28 of the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect with respect to C or H;

1. Each police statement made to F and E;

1. A president of the F;

1. A real estate exchange contract, respectively;