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

Punishment of the crime

On August 11, 2011, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Seoul Central District Court, and the said judgment became final and conclusive by dismissal of the appeal on February 13, 2012. On October 11, 2013, the Seoul Central District Court sentenced three years and six months of imprisonment for fraud, etc., and dismissed on April 24, 2014 by final appeal. On July 22, 2015, the said judgment became final and conclusive on July 29, 2015, upon being sentenced to two years of suspended sentence for imprisonment for ten months due to a crime of breach of trust in the Gwangju District Court’s Netcheon Branch.

In addition, the defendant was sentenced to two months of imprisonment at the Gwangju District Court on July 27, 2016 and the above judgment was finalized on August 4, 2016.

The defendant, around July 13, 2010, at the office of the Gangnam-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City, in fact, D Apartment 302 Dong 603, Chungcheongnambuk-do Seoul Special Metropolitan City, was already registered in the provisional registration of the right to claim the transfer of ownership to another person, and thus, it is not possible to transfer the ownership to the victim E in a normal condition. However, the victim who may not know of it, "D apartment was sold at his own low price, and 27,200,000 won is transferred to the owner of the ownership.

The term "one million won is delivered in cash from the victim on the same day as the down payment, and 19.2 million won is delivered in cash as the intermediate payment on the 30th of the same month.

Accordingly, the defendant deceivings the victim and defrauds the total of 27.2 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police against F or G;

1. Statement made by the police for E;

1. A written contract for trading and a certificate for registered matters;

1. Previous convictions: Inquiries about criminal history, investigation reports (Attachment of judgments related to the same type of crime), reporting on the results of previous convictions and confirmation of the results thereof, confirmation of the date of release from the court), status of the case, and application of the statutes of the judgment;

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

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 37, Paragraph 1, Article 39, of the Criminal Code is not less than 37;