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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 10, 2015, the defendant was sentenced to four years of imprisonment for fraud, etc. at the Busan High Court and such judgment is the same year.

5. 14. A final and conclusive date.

1. Fraud;

A. On January 11, 2013, the Defendant, at the C office located in Ulsan-gu, Nam-gu, Seoul on January 11, 2013, leased the victim D’s “Sulsan E Apartment-gu, Ulsan-gu, U.S. E apartmentF under the name of the birth.”

It is intended to sell the sales price in KRW 35,700,000, which is owned by the domestic owner.

“......”

However, in fact, the defendant did not have received the above E apartment from the name of G, and the above apartment was sold in lots by G, and even if the defendant received the purchase price from the damaged party because he did not have any right to dispose of the above apartment, he did not have any intention or ability to transfer the right to sell the above apartment.

The defendant deceivings the victim as above and was transferred 32 million won to his account under the name of himself as the purchase price for the same day from the victim, and the remaining 3.7 million won to the account of a person who was not his name.

B. On April 19, 2013, the Defendant committed the crime committed around April 19, 2013: “Around April 19, 2013, the Defendant did not transfer his/her right to sell as he/she did not move his/her address,” but the eight intermediate payment payment period was the time.

It is possible to pay part payments in the name of the party, and once 1,450,000 won to B, the part payments will be made in the money.

“......”

However, in fact, the Defendant did not have the right to dispose of the above apartment, and even if he received money from the injured party as the intermediate payment, he did not have the intention or ability to pay the intermediate payment with the above money.

As above, the Defendant: (a) by deceiving the victim; (b) transferred KRW 3 million from the victim to his/her own account on April 20, 2013 as part payments; (c) transferred KRW 7 million on May 24, 2013 to H account in the name of H; and (d) transferred KRW 14.5 million on June 5, 2013 to G account in the aggregate.