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

except that 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 December 19, 2013, the Defendant concluded that, at the office of the victim D in the Nam-gu Incheon Metropolitan City C building, “If he/she lends gold source, he/she would cancel the provisional registration of the right to claim transfer of ownership in the name of the F, a person holding the right to claim transfer of ownership, against the real estate owned by the Defendant, the market price of KRW 100,000,000, which was the KRW 100,000,000, which was purchased at the market price of KRW 100,000,000 prior to seven years prior to the lease of gold source,

However, the above real estate E is transferred by the payment in kind of the claim by the defendant, and the market price is below 30 million won at the time. The debt to F, who is the person holding the existing provisional registration, is 36.5 million won, and it was not possible to cancel the previous provisional registration and make the first provisional registration against the victim before the full repayment of the debt. In addition, there was no particular income or property at the time, and there was no intention or ability to pay the loan to the victim according to the promise.

The Defendant, by deceiving the victim as above, received KRW 5 million from the victim on December 19, 2013 to the Defendant’s Japanese bank account, and received KRW 30.5 million on December 23, 2013 from the Defendant to the Defendant’s Japanese bank account, and transferred KRW 30.5 million on December 23, 2013 to the Defendant’s single bank account in the name of F.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. The legal statement of the witness H in part;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made to D by the police;

1. A certified copy of the register;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for conviction under Article 62 (1) of the Criminal Act

1. On December 2013, when the Defendant borrowed the instant money from the victim, the Defendant is obliged to pay a large amount of debt to several creditors each month.