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

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

Punishment of the crime

[criminal records] On July 19, 2012, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Central District Court on October 25, 2012, and the judgment became final and conclusive on October 24, 2012. On April 24, 2013, the judgment was rendered on July 11, 2013 by a five-month imprisonment with prison labor at the Gwangju District Court, which became final and conclusive on July 18, 2014; on June 18, 2014, the Seoul Southern District Court sentenced two years of a suspended sentence to six-month imprisonment with prison labor at the Seoul Southern District Court on November 22, 2014; on January 12, 2017, the judgment became final and conclusive on September 28, 2017.

[2017 Highest 331] The Defendant was a person who was the C representative director of an office, a company implementing officetels.

On June 29, 2010, the Defendant would sell No. 609 of the Dtel sales office in Yeongdeungpo-gu Seoul Metropolitan Government to the victim E.

If only part of the down payment is paid as C account, it shall be moved in once, and the remaining gold and the registration of transfer of ownership shall be sufficient.

“A false statement” was made.

However, in fact, in case of selling in lots in a private company C, the sales price was effective, but even if the defendant received the sales price from the injured party, the defendant did not intend to deposit it into the Korean Asset Trust Co., Ltd.’s account. At the time, C did not have the intent or ability to pay the sales price received from the injured party as operating funds to the Korean Asset Trust Co., Ltd., and there was no intention or ability to pay the sales price to the injured party as the Korean Asset Trust Co., Ltd. due to the dispute with the contractor, etc., the above officetel 609 was normally sold.

The Defendant, under the pretext of down payment No. 609 of the above officetel, was a national bank account under the name of a stock company C for the purpose of the said officetel 609 down payment, with KRW 10 million around June 30, 201, KRW 500,000 around July 1, 2010, and KRW 500,000 around July 1, 2010.