A defendant shall be punished by imprisonment for six 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

[2014 Highest902] On October 15, 2012, the Defendant made a false statement to the victim E office where the victim D works in Seo-gu, Daegu-gu, Seoul-gu, stating that “The Defendant would transfer the apartment registration in one month, in which the Defendant would transfer the apartment registration to the Plaintiff at KRW 130,000,000,000, below the market price of 33,000,000,000,000,000.”

However, in fact, the Defendant did not know the method of purchasing the above apartment at a low price as above and did not have any intention or ability to transfer the above apartment registration to the victim even if he received the down payment, because the Defendant was planning to use the apartment to pay personal debts with the money from the victim.

Ultimately, on April 16, 2012, the Defendant received KRW 26 million as the down payment for apartment bonds 20 million from the victim, and on April 27, 2012, KRW 3 million as part of the remainder, from the Defendant’s bank account under the name of the Defendant.

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

[2014 Highest 1257] On February 2, 2012, the Defendant made a false statement to the victim F by stating that “If the Defendant borrowed 7 million won in addition to 3 million won prior to the lending of 10 million won to the victim F at a coffee shop, the Defendant would have sold 330 million won in lots at a lower price than that of 170,000 won than that of 333,000 if he/she borrowed 3 million won.”

However, in fact, the above apartment was planned to pay personal debts or use it as living expenses with money from the victim as well as there was no intention or ability to sell the apartment at the low price as above.

Ultimately, the Defendant was transferred from the victim to the national bank account under the name of the Defendant, KRW 1 million around February 22, 2012, and KRW 6 million around March 10, 2012.

In this respect, the defendant deceivings the victim to take property.