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

On October 18, 2013, the Defendant proposed to the victim D that “I would sell the above apartment unit of 43 square meters to 450 million won because I would have to secure each water continuously,” and that “I would sell the above apartment unit of 43 square meters to 450 million won, because I would like to sell the apartment unit of 43 square meters because I would have to secure each water continuously,” which was set the subject of the sale as 10 million won at the same time from the victim as the down payment.

On the other hand, while the victim borrowed money from interest and paid the money to the above sales contract, uneasiness has increased that the above sales contract did not proceed as expected, and the defendant was willing to have access to the victim to acquire money through deception, such as right to retention dispute resolution, etc. of the above building.

Therefore, the defendant committed the following crimes.

1. On November 2013, 2013, the Defendant made a false statement to the effect that “The funds are needed to resolve the right of retention that is caused by an apartment building as soon as possible. If a party loans money, he/she would promptly resolve the problem, and allow the registration of an apartment, and he/she will repay the borrowed expenses immediately.”

However, as above, even if the Defendant borrowed money from the victim for the purpose of resolving the above lien, he thought that a considerable portion of money would be consumed for private purposes, and there was no intention or ability to repay it.

Nevertheless, the Defendant, by deceiving the victim as above, was transferred from the victim to the national bank account in the name of E, a sum of KRW 10 million on November 7, 2013 and KRW 10 million on December 2, 2013.

2. On December 2, 2013, the Defendant, from “G real estate” located in Gwanak-gu in Seoul Special Metropolitan City, would increase the number of 101 Dong 703, the Defendant purchased and sold to the Defendant.