A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

From November 2012, the Defendant, from around Seoul Mapo-gu, registered the business under the name of “C” and “D” located in the underground floor of the Mapo-gu Seoul Mapo-gu Seoul building, and had F sublease each of the above main points to the Defendant around March 2013. On January 201, 2014, the Defendant thought that F will transfer the right of lease to the victim around that time.

On February 26, 2014, the Defendant made a false statement to the effect that “The right to lease and the right to operate each of the above main points in KRW 130 million shall be transferred to the victim G” at the main point of “D” around February 26, 2014.”

However, in fact, each of the above main points was at the time when the amount in arrears of the rent and management fee was about KRW 25 million, and the deposit was almost rare, and continued to be demanded by the owner of the building H to pay the delinquent rent, etc., and there was no consent from the above H on the transfer of the right of lease or consultation thereon. Therefore, even if the victim received the above payment, there was no intention or ability to transfer the right of lease properly.

The Defendant received 20 million won from the victim as part of the down payment.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, E, and I;

1. A criminal investigation report (H telephone call), a criminal investigation report (H telephone call 2), and a criminal investigation report (to hear the I statement of a witness);

1. Application of sales contract, cashier's checks, specifications of management expenses, and Acts and subordinate statutes;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the motive, circumstance, method, the amount of fraud, the amount of fraud by the defendant, the victim shall be paid 15,00,000 won to the victim and the victim does not want the punishment against the defendant by agreement with the victim, the criminal records of the defendant, and other criminal records, character and conduct of the defendant.