A defendant shall be punished by imprisonment for a term of one year and four months.

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

Punishment of the crime

The defendant is the actual manager of the D Co., Ltd., the seller of commercial buildings.

On May 27, 2009, at the D office of Songpa-gu Seoul E apartment commercial building, the defendant is required to pay interest to the victim F when he purchased the E apartment commercial building in a lump sum from the reconstruction association.

20 million won on loan;

9. By the end, 4% interest per month will be paid until 27.

If it is not possible to implement this, 404 commercial buildings (1,351,223,325 won) will be transferred to 514,125,000 won.

"." For security, a sales contract for the 404 above 404 was prepared and delivered to the victim.

However, the above company received a loan of KRW 50 billion around July 2007, and purchased the above commercial building in a lump sum with KRW 104 billion, but the sales contract was not concluded yet as the down payment and the intermediate payment. Since the sale of the commercial building was extremely poor and the interest on the above loan is expected to be disposed of by public auction for the above commercial building, the financial institution, which is the lender, was expected to pay the above loan by the due date for the reason that the interest on the above loan was overdue, there was no intention or ability to pay the above loan until the due date. In addition, according to the Convention with the lender, the defendant did not have the right to sell the above value which is significantly below the market price at his own discretion, and the defendant did not have the intent or ability to sell the above commercial building as security to the victim according to the sales contract.

On the same day, the defendant received 200 million won from the victim as the borrowed money.

Accordingly, the defendant deceivings the victim and defrauds the victim of KRW 200 million.

Summary of Evidence

1. The defendant's partial statement in the first trial record;

1. An interrogation protocol of the accused by the prosecution (including G statements);

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports ( listening to and reporting on telephone statements - H of reference witnesses);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Suspension of execution;