A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On September 7, 2016, the Defendant stated to the effect that “The Defendant would sell the said real estate to KRW 150 million at a lower price than the market price” to the victim D with a civil final judgment on the transfer of ownership to the real estate in Gyeongnam-gun, E, F, and G. It is possible to register the transfer of ownership in the name of the victim within several days.

However, on March 21, 2016, the Defendant borrowed the above real estate from H as collateral for two months, and delivered documents necessary for the registration of transfer of ownership of the above real estate. On the following day, the Defendant lent KRW 100 million to I. However, even at the time of concluding a sales contract with the victim, I was unable to receive the above KRW 100 million from H because I was unable to pay the borrowed money, and there was no other means to repay the borrowed money to H because there was no other active property owned by the Defendant. Therefore, even if the Defendant received the full payment from the injured party of the real estate purchase price, there was no intention or ability to register the transfer of ownership of the above real estate by the victim.

Nevertheless, the defendant provided the above real estate as security and borrowed gold KRW 100 million to H, and delivered all necessary documents for the registration of transfer under the name of J at the time when the period of payment has expired. The defendant concealed the possibility that ownership transfer, etc. may be completed at any time under H’s name after the period of payment expires, etc. In preparing a written contract from the injured party for the same day, and then, he was transferred KRW 10 million as the down payment as the down payment, and KRW 80 million as the intermediate payment was transferred to the Nonghyup Bank account (Account Number K) account in the name of the defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the real estate transaction contract, and a certificate fully registered;

1. Each police officer with D and H.