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

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

Punishment of the crime

On March 19, 2014, around 16:00, the Defendant discovered the victim E who visited the location of the “D Real Estate” office located in the Namyang-si, Gyeonggi-do, in order to purchase the apartment sale right, and made a false statement to the victim stating that “The purchase price paid to the pre-existing payment of KRW 17 million is added to the price paid for the sale right, as G apartment 207 Dong-dong 1501 (113.78mm2) in the Namyang-si, Namyang-gu, Seoul, in the name of the head of the Gu.”

However, the fact that the defendant cited the apartment sale contract in the name of the wife F F and shown it to the victim, and even if he received the purchase price from the victim, there was no intention or ability to transfer the above sale right.

The Defendant, by deceiving the victim as such, received KRW 54,720,000, total sales amount of KRW 17,000,000, total sales amount of KRW 364,000,000, total sales amount of KRW 1,320,000, and KRW 54,720,000, and had the victim transfer KRW 3,963,40,00 during the extension of development of the modern industry around October 30, 2014, thereby obtaining property benefits from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Statement of the police statement of E;

1. The application of sales contract, receipt, etc., G apartment supply contract, and Acts and subordinate statutes on deposits without passbook;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the range of recommending punishment on the sentencing criteria [the range of recommending punishment] is range of recommending punishment [the range of recommending punishment] general fraud [the range of recommending punishment], the area of mitigation (one month to one year), the area of mitigation (special mitigation] (the area of mitigation of punishment is less than one hundred million won],

2. Following the determination of sentence: The age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime are committed.