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

except that 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

1. Around July 2017, the defrauded made a false statement to the victim D by calls from the Defendant’s office located in Yeonsu-gu Incheon Metropolitan Government, stating that “If the Defendant borrowed KRW 15 million to invest in the apartment in Songdo, the Defendant would pay KRW 16.5 million including the interest rate of KRW 1.5 million after the month,” and that “the Defendant would use the interest rate for one month and pay KRW 17 million to the victim as KRW 2 million.”

However, the defendant did not have any intent to invest in apartment complexes located in Yeonsu-gu Incheon Metropolitan City with money from the victim, and there was no intention or ability to pay the amount.

As above, the Defendant, by deceiving the victim and deceiving him/her from the victim to the E bank account under the name of the Defendant, to KRW 3 million on July 28, 2017, and the same year.

8. 1.1.1. 1.2 million won was remitted and the total amount of KRW 15 million was acquired by defraudation.

2. Around July 2017, the Defendant was delegated with the trading brokerage of the following: (a) around July 2017, the Defendant purchased the winning rights of “F and Gtel H-ho, Incheon Yeonsu-gu, Incheon as a broker by the Defendant; and (b) was delegated by the Victim JJ to sell the instant officetel under the name of the victim.

Accordingly, on August 18, 2017, when the Defendant received KRW 16.5 million from the victim to the account under the name of the Defendant, among the supply amount of the said real estate, KRW 21.5.6 million, the Defendant deposited it to K, a real estate trustee and the seller, made the contract to be concluded normally, and then changed the contractor’s name to the victim’s name. However, around that time, the Defendant embezzled the said money by voluntarily consuming it to other real estate contractors, such as deposit, living expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to J and D;

1. A debt settlement statement, a cash settlement certificate, a L bank account statement in J name, an officetel supply contract, and a M bank account in the name of the suspect;