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

Punishment of the crime

On December 20, 2011, the Defendant was sentenced to one year of suspension of execution in four months of imprisonment with prison labor for a crime of false accusation at the residents support of the Daegu District Court, and the judgment became final and conclusive on the 28th of the same month.

On June 1, 2010, the Defendant: (a) at the sales office established under subparagraph 101 of Dong C building A (A), the Defendant: (b) sold to the victim D the amount of KRW 201,94,50,000,000,000,000,000 for the provisional attachment of KRW 52,70,000,000 and the maximum debt amount of KRW 57,000,000,000,000,0000,000,000,0000,000,0000).

However, on May 6, 2010, a creditor of the material price completed a provisional attachment registration that causes 52,70,000,000 won as claimed by the creditor of the material price, thereby deteriorating the situation of sale and the financial situation of the defendant. The defendant was liable for the amount of public charges of several million won and the construction cost equivalent to KRW 100,000,000, and thus, even if the purchase price is paid by the victim, there was no intention or ability to cancel all the provisional attachment registration and the establishment registration of the neighboring mortgage.

The Defendant, on June 1, 2010, received KRW 44.5 million from the victim as the down payment, and around June 30, 2010, received KRW 50 million as the remainder payment.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Sales contract, full certificate of registered matters, request for cancellation of the establishment of a mortgage, confirmation, advance notice of execution of a mortgage, and real estate sales contract;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (report on the binding of a copy of a judgment) Acts and subordinate statutes;

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

1. The reason for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Code dealing with concurrent crimes is the background leading to the Defendant to commit the instant crime.