A defendant shall be punished by imprisonment for one year.

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 June 25, 2015, at the E hotel coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul around June 25, 2015, the Defendant planned to purchase the F Co., Ltd. from the victim G operating the F Co., Ltd. with the ratio of 843 households of the non-divided portion of H 1, 2, 1, 2, and 3 apartment units in Gyeonggi-do, and K Co., Ltd. operating within the inside the Republic of Korea is scheduled to be delegated by J with all authority concerning the sale affairs.

If deposit of KRW 200 million is deposited, the right of sales agency for the above unsold apartment units 843 households will be exclusively granted to the F Co., Ltd.

However, if the deposit is deposited, and if K fails to secure the power to sell the apartment in lots by J within one month, or the J fails to purchase the apartment unsold in lots, it will compensate for the deposit within three days from the date of requesting the amount of KRW 400 million, which is two times the deposit.

“The phrase “ was false.”

However, in fact, the defendant did not have been delegated by J with the authority to sell the apartment unsold in lots, so even if he received the deposit money, he did not have the intent or ability to grant the right to sell the apartment unsold in lots to the victim, and it was planned to use the deposit money as the company operation expenses and personal living expenses. Therefore, if the right to sell the apartment unsold in lots is not available to the victim within one month, there was no intention or ability to return 400 million won

On June 25, 2015, the Defendant, by deceiving the victim as such, received KRW 200 million from the victim to the national bank account in the name of K company under the name of deposit for the right to sell in lots.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Contracts for sales by proxy;

1. Application of Acts and subordinate statutes to deposit down payment;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the type of decision] means the general fraud (not less than KRW 100 million, less than KRW 500 million).