A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On July 3, 2012, at the Dong-gu Incheon Metropolitan City Office, the Defendant stated that “Around July 3, 2012, the Defendant would sell the real estate at a price higher than the market price at which the appraisal price is fixed, because there is a real estate purchased from the loan by the victim D, who was known to the general public, and it is difficult to cope with the interest on the loan, and thus, the Defendant would want to dispose of the real estate.”

However, in fact, the defendant was planning to use the money for the repayment of personal debt even if he did not have the intention or ability to fix high appraisal price, and even if he received money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received a total of KRW 90 million from July 3, 2012 to August 10, 2012 from the victim for appraisal expenses and advance payments.

Summary of Evidence

1. Defendant's legal statement;

1. D's legal statement;

1. Application of the police statement law to D;

1. Although there are favorable circumstances, such as the pertinent legal provisions on criminal facts and Article 347(1) of the Criminal Act’s provision regarding sentencing of punishment, the Defendant confessions the facts charged of this case, and the absence of any criminal power, the crime of this case is ordered as per the disposition, taking into account the following factors: (a) the offender, who was known for a long time, acquired money from the offender; (b) the defraudeds the offender; and (c) the amount of the defraudeds was considerable; and (d) there was no effort to recover damage even though the victim caused serious damage; (b) the offender escaped in the course of trial; and (c)