A defendant shall be punished by imprisonment for one year.

The defendant shall pay 80,000,000 won to the applicant for compensation by deceit.

3.2

Punishment of the crime

In fact, there was no fact that the auction had been conducted with respect to the E Apartment 105 Dong 1101 located in Daejeon Jung-gu, Daejeon, and even if the defendant received money from the victim C, he could not purchase the above apartment by auction.

Nevertheless, around August 12, 2014, the Defendant had sold the above apartment house with the market price exceeding KRW 200 million to the above victim in Do-dong, Seo-gu, Daejeon, Seo-gu, Daejeon, but it is false to conclude that it may purchase KRW 100 million from the victim to the Agricultural Cooperative (F) account in the name of the Defendant, and the Defendant was transferred KRW 20 million from the victim as the down payment. On January 5, 2015, the Defendant was transferred KRW 10 million as the purchase price for the above apartment, and KRW 50 million as the same name around the 30th of the same month.

Accordingly, the defendant acquired a total of KRW 80 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes, such as a statement of actual transactions (E), certificate of request for remittance, certificate of each transaction statement, certificate of each transaction statement, statement of financial transactions, and copy of the register (E apartment 105, 1101);

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. Grounds for sentencing under Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Declaration of Provisional Execution;

1. Application of the sentencing guidelines [Determination of types] Fraudulent crimes, general fraud, and type 1 (less than KRW 100 million): Reduction factors: None of the increased factors: None (the area of recommendation and the scope of recommendation): Basic area; imprisonment with prison labor for up to six months and one year and six months;

2. The sentence decision defendant, even though he had a number of punishment records as well as the same crime, again leads to the crime of this case (limited to the power that has been sentenced to the actual sentence, up to eight times), that the amount obtained by the defendant is not small, and that the defendant is not recovered from damage, and that the defendant cannot be punished somewhat.