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

Punishment of the crime

On January 25, 201, at the Busan Seo-gu Busan Licensed Real Estate Agent Office, the Defendant succeeded to the victim D with the purchase price of KRW 240 million for the second floor building located in Seo-gu, Busan, the Defendant owned by the Defendant, KRW 10 million for the down payment, KRW 90 million for the existing lease deposit, and KRW 140 million for the remainder of the lease deposit. The Defendant used the money paid by the victim for the cancellation expenses such as provisional attachment and mortgage creation for the above building.

After that, on February 8, 2011, the Defendant stated that “The Defendant would pay 40 million won to the victim for the cancellation of rights, such as provisional seizure, which is established on a building,” and that “The Defendant would pay part of the remainder.”

However, the fact is that the procedure for the commencement of compulsory auction is in progress in the above building at the time, and when the victim receives any balance from the victim, it was the situation where the ownership can be transferred to repay the debt created by provisional attachment and mortgage in the above building. However, even if the defendant's financial standing is not sufficient and even if the victim receives any balance from the victim, it was intended to use it for another purpose. Therefore, even if the victim receives 40 million won from the victim, there was no intention or ability to use the full amount for the purpose of the compulsory auction or provisional attachment, or the debt established by the collateral security for the above building.

Nevertheless, the Defendant was given the victim a delivery of KRW 40 million under the pretext of deceiving the victim and using it in repayment of his/her obligation in the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning D's statement among the prosecutor's protocol of interrogation of the defendant against the defendant

1. Application of statutes governing a real estate sales contract, receipt, and certified copy of register;

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