A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On September 14, 2012, the Defendant stated that “The Defendant would transfer ownership on October 31, 2012 when he/she was transferred a title of KRW 80 million for a security loan on a real estate by paying the down payment of KRW 30 million to the owner E and KRW 301 of the building C in Gangnam-gu Seoul, Seoul and KRW 44 years of age.”

However, the above real estate was provisionally registered on December 8, 201 on the ground of the reservation to purchase and sell the real estate on August 10, 201, and even if the loan supply contract received from the representative F of E Co., Ltd. from the owner of the above real estate was received as a collateral for the financing of the construction fund, it was not received as a substitute payment, the victim did not have an intention or ability to transfer the ownership of the above real estate to the victim, even if it was paid 30 million won from the victim.

As such, the Defendant received 30 million won from the injured party, i.e., i., e., 30 million won from the seat.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes to accusations, certified copies of real estate register, each investigation report (in cases of reference witnesses F, H currency reports, indictments, etc.)

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Application of the sentencing guidelines (amended by October 1, 2014) [the scope of the recommended punishment] General Frauds No. 1 (less than KRW 100 million) in the basic area (from June to January 6) (no person who is subject to special sentencing)

3. On August 201, the Defendant, who was ordered to re-subcontract C building construction works, received the right to dispose of C building A and 7 B building C as a substitute payment for construction costs, and did not receive the substitute payment of B building No. 301 after settling accounts for construction costs by re-subcontracting C building construction works, and the Defendant received a contract for loan No. 301 for the purpose of collateral security around December 2010.