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

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

Punishment of the crime

On June 30, 2010, the Defendant borrowed money from the “E” located in Busan-gu Busan-gu, Busan-do, and from the victim F to the victim F, the Defendant would have repaid the money to the victim F on November 30, 2010.

On June 4, 2010 and June 7, 2010, a total of 16 million won was remitted from the injured party, and on June 11, 2010, a provisional registration was established on June 11, 2010 on the right to claim for the registration of transfer of ownership against the injured party as the right holder of the right to claim for the registration of transfer of ownership against H apartment building 1009 in Busan-gu Busan-gu.

Since then, although the defendant did not pay the above debt to the victim, the facts of around October 2010 did not have the intent or ability to pay the money even after the provisional registration was cancelled by the injured party, the defendant will pay the victim with the money borrowed from the face of the cancellation of the provisional registration.

“The phrase “ was false.”

On October 12, 2010, the Defendant: (a) by deceiving the victim as such; and (b) had the victim obtain registration of cancellation of the foregoing A, etc. on October 12, 2010; and (c) acquired pecuniary benefits equivalent to the secured claim amounting to KRW 16 million and the secured interest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Details of deposit transactions and application of Acts and subordinate statutes on real estate register;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendations - General frauds (less than KRW 100,000) - Reduction areas (one month to one year) - Special mitigation persons: Non-Punishments;

2. The Defendant, who was sentenced to a sentence, did not make any effort to recover damage for a long time, agreed with the victim after the detention, and was absent in the trial for a long time.

However, considering the fact that the amount of fraud is not so significant, the favorable circumstances that have agreed with the victim shall be considered, and other circumstances that are conditions for sentencing, such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, it shall be decided as ordered.