A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On December 6, 2011, the Defendant was sentenced to a suspended sentence of six months of imprisonment for a crime of fraud at the District Court of Jung-gu on December 6, 201, and the said judgment became final and conclusive on December 14, 2011.

On June 7, 2010, the Defendant, at the “D Licensed Real Estate Agent Office” located in Ansan-si, Ansan-si, Busan-si, the Defendant made a false statement to the victim E that “I will purchase Pyeongtaek-si F in KRW 300,000,000, and the down payment is KRW 35,000,000 on the contract date, and the balance is KRW 265,00,000 on August 6, 2010: Provided, That the Defendant provided the said real estate first as security, and then would make payment for the balance by receiving goods from any company and disposing of it.”

However, in fact, the Defendant borrowed money from the above real estate as security and paid the down payment to the victim. around May 7, 2010, the Defendant paid the down payment for the real estate purchased from G on a similar condition as above, the remainder was planned to be used for personal purposes, there was no obvious plan to bring profits from the short term, and there was no other economic ability to pay the balance to the victim otherwise.

On June 7, 2010, the Defendant, by deceiving the victim, entered into a sales contract for the said real estate with the victim, and, on the same day, borrowed KRW 102,00,000 from H, had the victim establish a collateral security right in the H’s name, which consists of KRW 195,00,000 with respect to the said real estate, thereby having the victim acquire pecuniary benefits equivalent to KRW 195,00,000 with respect to the said real estate.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the substitute part);

1. Each police suspect interrogation protocol against I, J, or K;

1. Statement to E by the police;

1. An investigation report (Attachment of a statement of transactions in accounts A under the name of a suspect), an investigation report (a copy of a passbook of a national bank under the G name);

1. A real estate sales contract, a cash car certificate, a proxy for purchasing and distributing real estate, and a full certificate of registered matters;

1. Previous convictions in judgment: Defendant;