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

On May 26, 2011, the Defendant entered into a contract with the victim to purchase the above scambling from the victim under D’s underground “E” bank operated by the victim C, and agreed to pay 50 million won out of the remainder of the purchase price of KRW 20 million paid on the day, other than the down payment of KRW 20 million, until March 31, 2012, until November 30, 2012.

However, at the time of the above contract, the Defendant was liable to pay the amount of KRW 25 million to the financial institution and F with KRW 38 million, and the said down payment was also paid to the bond company as KRW 45 million. Thus, there was no intention or ability to pay the balance of the purchase price to the victim.

Nevertheless, the Defendant, as if he were to pay the balance of the purchase price properly, received the above scamba from the victim and received the above scamba, thereby taking property profits equivalent to KRW 120 million.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the substitute part);

1. Statement to C by the police;

1. Application of statutes on a copy of contract;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Determination of a suspended sentence under Article 62 (1) of the Criminal Act [the decision of a type of punishment] The types of general fraud [the amount of KRW 100 million or less, KRW 500 million] [the person who has been specially punished] [the decision of the recommended area] the mitigated area [the scope of punishment] / there are two special mitigations in May / [the scope of punishment] / there are no person who has been subject to a suspended sentence [the person who has been subject to a suspended sentence] - The main reasons for a suspended sentence [the person who has been subject to a suspended sentence] - There are no person subject to a suspended sentence [the person who has been subject to a suspended sentence] - The grounds for a suspended sentence [the decision of a suspended sentence] 8 months, 2 years (the agreed with the victim, 2 years (the agreed with the victim, and the intention of deception], and the execution of a suspended sentence should be determined in consideration of the fact that there are no significant criminal records)