A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

Around May 2013, the Defendant stated that “Around May 2013, the Defendant was requested to sell the said sales right from the person who purchased the said sales right to the said member of the said member’s housing site as an internal brokerage, and thus, the said D requested the victim E to sell the said sales right on May 29, 2013, the Defendant stated that “A person who purchased the said sales right to the said member of the said member’s housing site would request the said person to sell the said sales right to the said member, and the said person will purchase the said sales right.”

However, in fact, the defendant did not have been requested to sell the above right of sale, and the above D received money from the victim again from the victim and thought to use it for personal investment, so there was no intention or ability to transfer the right of sale to the victim.

The Defendant, who is unaware of such circumstances, had the said D deceiving the victim, and caused the victim to transfer the said sales right to the account under the said D’s name on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statements made in part of D among prosecutor's offices and police interrogation protocol of each police officer's suspect;

1. E’s statement in the police interrogation protocol of D;

1. The prosecutor's statement concerning the F;

1. Statement to E by the police;

1. A written agreement, a letter, a performance agreement, a notarial deed, a receipt, and a statement of execution;

1. A sales contract for a sales contract of a resettled housing site;

1. Documents for securing rights;

1. A real estate sales contract;

1. Details of passbook transactions;

1. Certificates of deposit transactions;

1. Provision of financial transaction information;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 347 (1) and 34 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general fraud (less than KRW 100 million) is not subject to punishment (one month to one year).