A defendant shall be punished by imprisonment for six months.

except that 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

On September 30, 2016, the Defendant subscribed to a house subscription savings (Account Number: C) that deposited KRW 2 million in the south of the B Bank's coal paper on September 30, 2016, with the intention to acquire money by borrowing money from the victim D by deceiving that there is a deposit passbook.

On March 2, 2018, the Defendant stated that “The Defendant would sell the passbook at KRW 65,00,000,000 to the victim” in E Apartment E apartment F in the A.M. on March 2, 2018, the Defendant would sell the passbook at KRW 43,00,000. In addition, the Defendant would sell the passbook at KRW 100,000,000,000,000.”

However, on February 2018, the Defendant had already been urged to sell the above subscription passbook to other persons, and received a total of KRW 38 million from them, and was planned to use the money received from the victim as a repayment of his/her obligation, and there was no intention or ability to actually sell the above subscription passbook to the victim.

Ultimately, on March 2, 2018, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 10 million to H bank account under the name of G as the down payment on March 2, 2018; and (c) received cash KRW 33 million from the Jmaart 1st in Ansan-si I on March 9, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Recording notes of the written statement of the police concerning D, transcript of the copy of the passbook of the K Bank, and printed matters in each letter;

1. Application of the Acts and subordinate statutes governing the composite savings for subscription for house;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Code Article 62(1) of the suspended sentence is that the defendant, who was sentenced to six months of imprisonment for fraud in the year 2016, and two years of suspended sentence, deceiving the victim who would want to purchase an apartment during the suspended sentence, thereby deceiving the victim of 43 million won.