Defendant shall be punished by a fine of KRW 5,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

[criminal record] On April 27, 2006, the Defendant was sentenced to imprisonment with prison labor for fraud at the Daegu High Court on April 27, 2006 and completed the execution of the sentence at the Daegu Prison on October 2, 2006.

[Criminal facts] The defendant, on May 17, 2008, was entitled to sell the apartment to the victim D at the office of the Co., Ltd., the defendant in the vicinity of the Daegu Suwon-gu, Daegu-gu, Seoul-gu, to the effect that the defendant had been operating.

The amount of KRW 50 million, which shall be sold in the purchase price of KRW 100 million, shall be succeeded to the loan and shall be exempted from KRW 50 million.

“.....”

However, the defendant did not have an intention or ability to acquire apartment sales rights even if he received money from the damaged party because he did not have a right to sell the apartment house in the construction price of the apartment.

On May 20, 2008, the Defendant: (a) by deceiving the victim; and (b) received from the victim the delivery of KRW 43 million at the coffee shop where the trade name located in the Daegu Suwon-gu cannot be known.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. Witness D's testimony;

1. A protocol concerning the examination of suspects of G to the prosecution;

1. Each police statement made to D, H, G, and I;

1. Written Statement;

1. A certificate of borrowing, certificate of full payment, contract for the field, notes, notes of performance, and certified copy of the register;

1. Responses related to the provision of financial transaction information;

1. Previous conviction: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the Defendant and the defense counsel, provided the instant apartment at the request of G and J, and delivered a check to J so that the Defendant can provide the instant apartment as collateral and deliver money to G upon the request of G and J, and there was no intention to commit fraud.

The argument is asserted.

However, the above evidence and its recognition are admitted.