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

The defendant is a person engaged in real estate brokerage business.

On December 26, 2006, the Defendant sold a share of 500 square meters in the L Licensed Real Estate Agent Office located in K in Gyeonggi-si, Gyeonggi-do, and received KRW 35 million in the price, but failed to carry out the registration of transfer of ownership. On June 24, 2008, the Defendant set up a provisional attachment against the Defendant’s claim for refund of the purchase price against the said land with the preserved claim.

On June 2010, the Defendant stated that, at the F Office of Eunpyeong-gu, Eunpyeong-gu, Seoul E 801 commercial building 103, the Defendant “Around June 2010, the Defendant obtained a loan on the land as collateral and repaid 10 million won, which is a part of the purchase price, in preference to the Defendant, and repaid 40 million won including the remaining KRW 25 million and interest KRW 15 million until June 201.”

However, the defendant did not have the intention or ability to repay even if the victim had cancelled the provisional seizure of the above real estate.

The Defendant, on July 7, 2010, ordered the victim to cancel a provisional attachment on the above land, concluded a loan agreement with the Dongong Agricultural Cooperative on July 16, 2010, and on July 19, 2010, the Defendant, on July 19, 201, established a right to collateral security with his father G, the mortgagee G, and the mortgagee of the Defendant’s father G, the mortgagee of the Dongong Agricultural Cooperative, the mortgagee of the right to collateral security, with the maximum debt amount of KRW 53,200,00, thereby taking economic benefits equivalent to KRW

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to written complaint and full certificate of registered matters;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

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

1. Article 32(1) and Article 25(3)3 of the Act on Special Cases concerning the Dismissal of Application for Compensation Order, etc. (the scope of liability for damages is not clear).