A defendant shall be punished by imprisonment for not more than ten 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

Around January 31, 2012, the Defendant: (a) concluded a lease agreement with the victim C at the office of the F Licensed Real Estate Agent Office of Jung-gu Incheon, Jung-gu, Incheon, with the Defendant on the KRW 806 702,00,000 G apartment owned by the Defendant; (b) agreed to receive the remainder of KRW 180,000,000,000,000 on the date of the contract, and the remainder of KRW 162,00,000,000,000 from March 17, 2012; and (c) agreed to receive the remainder of the loan principal of the loan amounting to KRW 276,00,000,000,000 for the remainder of the maximum debt amount; and (d) agreed to complete the registration of reduction of the mortgage by repaying the loan principal of KRW

However, on March 12, 2010, the Defendant was sentenced to a fine of KRW 500,000 as a violation of the Pharmaceutical Affairs Act by the Incheon District Court, and transferred the sales of the pharmacy that he operated. On January 2, 2011, the Defendant was liable for the amount of KRW 410,000,000 to the financial institution by borrowing the above apartment from the National Bank as collateral and making a living with a loan of KRW 230,000,000 from the National Bank.

Therefore, even if the defendant receives any balance from the victim, he did not intend to complete the registration of reduction by repaying the loan principal as above, and used it as part of his house deposit and used the remainder as a gift option.

As such, the Defendant, by deceiving the victim as such, received KRW 18 million from the victim as down payment on January 31, 2012, including KRW 162 million under the pretext of the remainder payment, and KRW 180 million under the pretext of the balance on March 17, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the police suspect regarding D and statement of the police officer concerning C;

1. Investigation reports, hearing statements of witnesses, and investigation reports (to hear statements of employees of the broker office);

1. Application of Acts and subordinate statutes to the lease contract for apartments, full certificate of registered matters, and each receipt;

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

1. The Criminal Act, the suspension of execution;