A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant’s office in Gangdong-gu Seoul Metropolitan Government around November 12, 2014 at the Defendant’s office, and the victim D who is a construction business operator, intends to undertake remodeling works by acquiring unregistered buildings that had not been interrupted by construction works in Yeongdeungpo-gun E and four lots.

In order to obtain a loan from the bank as security, it is necessary to make a registration of restrictions on disposal of ownership by the owner of the relocated building (hereinafter referred to as "registration of entrustment") at the request of the court with respect to the above unregistered building.

The loan borrowed KRW 50 million means that it will be used as expenses for commission registration, enter into a contract for the said remodeling construction work with a large amount of KRW 8.3 billion, and that it will be paid with the borrowed money of KRW 8.3 billion and repaid with the construction cost.

However, at the time of fact, the above unregistered building was in a situation where it was impossible for the court to obtain a commission decision because it did not reach the level of the commission registration (of approximately 85 per cent of the building that is fair to the extent that people live in the building), and most of the unregistered building was thought to be used for personal purpose when it was received money from the injured party in terms of commission fees.

As above, the Defendant: (a) by deceiving the victim; (b) obtained the money from the victim on November 14, 201; (c) KRW 10 million on November 14, 201; (d) KRW 30 million on December 21 of the same month; and (e) KRW 3 million on December 13 of the same year; and (e) KRW 50 million on December 24 of the same month from the money transferred to the account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police in relation to F and G;

1. Statement made by the police against D;

1. Inquiries about liquidity transactions, standard contract contracts for construction works, detailed statement of entry and withdrawal transactions, real estate register, certified copy of real estate register, printed new outputs, and application of Acts and subordinate statutes for reporting on investigation;

1. Article 347 of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Criminal Act selection of punishment;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.