A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 16, 2009, the defendant requested the victim C, who conducts the advertising agency business for police officers, to advertise the sale of the house site for electric power source in Gangwon-do, Pyeongtaek-gun, and the victim advertised on the 16th day of the same month and on the 19th day of the same month in the economy.

After that, in continuing to publish the above advertisement, the victim requested the defendant to prepare a notarial deed and made it available.

On July 22, 2009, the Defendant, at a notary public office located in Gwangjin-gu Seoul Special Metropolitan City, drafted a notarial deed with the purport that “In the event that an advertisement on the house site is provided instead of an advertisement on the house site, the advertising expenses will be paid up to August 20, 201.” The Defendant made a false statement to the effect that the house lease deposit in Jung-gu Seoul Special Metropolitan City is in excess of KRW 100 million.”

However, in fact, the lease contract for the above G house was concluded in the name of the father of the defendant, and the defendant did not own any real estate, and even if requested an advertising agency, he did not have an intention or ability to pay the price

Nevertheless, the Defendant had the victim display the advertisement amounting to KRW 14,245,000 in total, on July 23, 2009 and on August 6, 2009, the Defendant acquired financial benefits equivalent to the same amount by allowing the victim to publish the advertisement amounting to KRW 14,245,00.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement to C by the police;

1. A notarial deed, a letter of default, or a certified copy of the real estate register;

1. Investigation report (Report on the submission and confirmation of tax invoices related to the payment of advertising fees in substitution);

1. Documents printed in each advertisement, and each tax invoice;

1. Investigation report (to hear a complainant's telephone statement);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of witnesses H and I telephone call);

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud and Selection of Imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act (the decision of type of punishment) is the fraud crime.