A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who actually operates Co., Ltd. E, which is a complex building in the state of Busan Metropolitan Government C.

On April 7, 2017, the Defendant received KRW 213,80,000 on supply contract with the victim F and D “D” 604 from the above sales office, and received KRW 21,380,000 on the same day deposit to the bank account (G) account of E Co., Ltd., and received the remainder KRW 192,420,000 on the 28th day of the same month from the same account.

However, at the time of concluding the supply contract with the victim, the above building was already loaned KRW 5 billion from the new union. However, in order to obtain additional KRW 1.5 billion from the new union, it was planned to trust the above building as collateral to an international asset trust (state) at the request of the new union. On the 13th of the same month, the defendant made an international asset trust (state) with an international asset trust and made a real estate security trust contract for the above building, and completed an international asset trust (state) with an ownership transfer registration.

If the defendant does not notify the victim of all the above facts at all and pays the sale price, he/she shall immediately obtain the registration of transfer of ownership.

In order to induce the victims of thought, it received a total of KRW 213,80,000 from the victims to receive the delivery of KRW 213,80,00 as the sale price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of supply contract, transfer confirmation document, and certified copy of registry;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

2. Selection of penalty penalty:

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order.

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (the amount of at least KRW 100 million, the amount of less than KRW 500 million) is the basic area (one year to four years) (the person subject to special sentencing).

2. The fact that the crime of this case was committed in spite of the fact that there was a history of punishment several times with regard to the crime of defraudation of real estate related to the sentence, and that the amount of defraudation is very unfavorable is all the circumstances or damages.