A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

1. On December 1, 201, the Defendant against the victim C expressed that “In the process of constructing urban residential housing from Nowon-gu to Dong business, Seoul, China-gu, Seoul, and 61 years of age, the Defendant would sell a house to the victim C at KRW 60 million for each bond. The Defendant would give a discount of KRW 100 million because he/she would sell the house to the victim at KRW 60 million.”

However, the defendant did not have the intent and ability to sell urban residential housing to the victim because he did not have invested in urban residential housing in Nowon-gu in Seoul Special Metropolitan City.

Around December 6, 2011, the Defendant, as such, made a false statement to the victim and obtained a total of KRW 25 million from the victim to the national bank account in the name of the Defendant’s wife F, KRW 25 million to the same national bank account around December 8, 201, KRW 25 million to the same national bank account around December 8, 201, and KRW 50 million to the Defendant’s Korean bank account (H) around December 14, 201, respectively.

2. On December 7, 2011, the Defendant received money from the victim’s account in the name of the Defendant’s wife to a national bank account in the name of the Defendant’s wife, and acquired money from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the laws and regulations entered in the police statement of C and I;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of the punishment stipulated in the crime of fraud against C of a victim with heavier penalty);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act: Fraud;

2. Between the districts of at least KRW 100 million, and between the districts of less than KRW 500 million: 10 months to December, 200, the factors of sentencing are not subject to punishment (special mitigation factors), serious reflective factors (general mitigation factors): Suspension of execution: the grounds for non-prosecution of punishment (the grounds for special mitigation), serious reflective measures (the grounds for special commitment).