A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant had resided in F of Seodaemun-gu Seoul, Seodaemun-gu, in the possession of a multi-household house (the fourth-story household) in F of which D had not received construction cost from E, a executory company, after having been in charge of construction work, and had been exercising the right of retention against D, while living in F of the said multi-household house.

On January 2, 2012, the Defendant paid KRW 7,00,000 to the Defendant for the 401st time after the successful bid in the Seoul Western District Court auction room in Mapo-gu Seoul Metropolitan Government, which had a plan to bid 401 in the auction procedure for the above multi-household housing, but said, the Defendant said that the Defendant would resolve the problem of lien and reputation after the successful bid in order to pay 7,00,000 won to the Defendant for the 401st time during which the victim possessed 8 households of the above multihousehold housing and exercises the right of retention.

However, as to the above multi-household 401 housing, the Defendant did not have a own lien but did not have been entrusted with the disposition of the lien by D, the actual lien holder, and there was a separate resident who leased and occupied the above multi-household 401 by paying the deposit to D. Thus, even if the Defendant received the amount of KRW 7 million from the victim, he did not have the intent or ability to resolve the above 401 lien and name problem.

On January 3, 2012, the Defendant: (a) by deceiving the victim as above; (b) demanded that the victim pay KRW 2 million to the account in the name of the Defendant to receive a successful bid under the above 401 on January 3, 2012; and (c) received a remittance of KRW 2 million to the account in the name of the Defendant.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's partial statement, each legal statement of the witness C/D, each copy of confirmation/agreement, each copy of passbook, each investigation report (Lessee G telephone communications)

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act concerning the selection of criminal facts;