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 April 9, 2012, the Defendant concluded a lease agreement with D Judicial Scriveners Office located in Seoyang-si, C with the victim E on the F apartment 101 Dong 306, 201, and the Defendant’s ownership. The Defendant concluded a lease agreement with the victim as to the F apartment 100,000 won as the deposit, and concluded the victim’s false termination of the lease agreement with the victim to the effect that “The right to collateral security established with the said apartment shall be KRW 12,00,000 as the maximum debt amount on April 8, 2009, the right to collateral security established for the said apartment, the right to collateral security established with the North Korean Agricultural Cooperative with the mortgagee as the mortgagee, the maximum debt amount of KRW 18,00,000 as the maximum debt amount on June 25, 2009, the right to collateral security shall be KRW 30,000,000 won as the mortgagee of the right to collateral security, and the right to collateral security shall be G.”

However, even if the defendant receives the deposit from the victim, it was thought that it would not be used for the termination of the above right to collateral, and it would be used as a separate personal debt repayment and director expense, and there was no intention and ability to terminate the above right to collateral

The Defendant was transferred from the victim the sum of KRW 12 million under the name of the Defendant as down payment, KRW 80 million under the pretext of intermediate payment on April 23, 2012, and KRW 28 million under the pretext of the balance on May 22, 2012.

Accordingly, the defendant deceivings the victim to acquire the property from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused (including a cross-examination);

1. A complaint, a copy of a real estate lease contract, a summary of major registered matters, and the application of a certified copy of the register;

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

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

1. Evidence of conviction, including the witness E’s legal statement for conviction and sentencing, of Article 62-2 of the Social Service Order Criminal Act.