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

Punishment of the crime

On April 28, 2015, the Defendant drafted a fair certificate of sale in order to sell the F apartment units No. 501 newly constructed on the ground of Seopo-si E at Seopo-si, Seopo-si, the victim D, to KRW 150,000,000.

However, in fact, the above right to sell the apartment house was leased money to the representative director of G Co., Ltd. and kept it as collateral, and the defendant was not the owner of the above right to sell the apartment house and did not obtain the consent for the sale of the right to sell the apartment house from the above H, so there was no intention or ability to sell the right normally to the victim

The defendant deceivings the victim as above and was transferred KRW 70 million to the company bank account in the name of the defendant's wife on the same day from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement by the witness J;

1. Recording of the statements of witnesses H and K in the fourth public trial record;

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

1. Statement made by the police against D;

1. Application of the Stockholm Act and subordinate statutes to the Stockholm, such as a written confirmation, a statement of transactions automatically deposited in cash, a certificate of confirmation of transaction details, each certificate, and the results of inquiries into the details of transactions on

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the Defendant of the choice of imprisonment, and defense counsel

1. The defendant and his defense counsel asserted that the right of sale in this case was acquired from H and K in return for assistance in the implementation of the new apartment construction project in this case, and therefore, they did not deceiving the victim.

2. Comprehensively taking account of the following facts and circumstances acknowledged by each evidence duly adopted and investigated by the court, the sales right of this case was issued to the defendant for the purpose of securing security, but the defendant deceivings him as if he were his own possession.