A defendant shall be punished by imprisonment for six 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

Around July 2005, the Defendant made a false statement to the effect that “If the Defendant purchased and reselled the apartment unit sale right at the time of Jinhae, it can be seen that it would be possible to view the profit from the purchase of the apartment unit sale right, and if sending the purchase price for the apartment unit sale right, it would seek the right to sell the apartment unit.”

However, in fact, the defendant did not have the intent or ability to purchase the above apartment sale right, and if it is not possible to purchase the apartment sale right, there was no intention or ability to return the purchase price received from the victim, and there was a plan to use the money for the purpose of paying the personal debt when receiving the money from the victim.

Accordingly, on July 18, 2005, the Defendant deceivings the victim as above and transferred eight million won to the post office account (Account Number: D) in the name of the Defendant on July 18, 2005. On September 8, 2005, the Defendant received 4.5 million won from the same account and acquired 12.5 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A complaint;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to the details of financial transactions and the copy thereof;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition for not less than Article 62(1) of the Criminal Act (including the fact that the defendant recognized the facts charged in this case and reflects the fact that the defendant agreed with the victim).