A defendant shall be punished by imprisonment for one year.

However, 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 November 8, 2010, the Defendant, at the office of the certified judicial scrivener in Seocho-gu Seoul, Seoul, Seoul, 307, demanded the victim D to obtain the right to move into the detailed long-term rental apartment at the SH (SH) corporation’s office, and was transferred from the victim the amount of KRW 5 million with the national bank account in the name of the Defendant on November 8, 2010, and KRW 5 million with the same account on November 9, 2010 as the down payment, and KRW 100 million with the same account on November 11, 2010 as the down payment.

However, the defendant introduced the representative EF and the "victims with whom the urban planning was in progress before the towing," and entered into only a consulting agreement with the purport that "after the Seoul Metropolitan City urban planning becomes final and conclusive, it would replace the goods," and did not secure the right to move into the detailed long-term rental apartment operated by the SH (SH) Corporation, and therefore, there was no intention or ability to accept the right to move into the detailed long-term rental apartment in the name of the victim.

After all, the defendant, by deceiving the victim, acquired 110 million won by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Partial statement of the witness H in the court;

1. Each prosecutor's interrogation protocol concerning F and G;

1. Each police interrogation protocol concerning F and G;

1. Some police interrogation protocol of H;

1. Each police statement concerning D;

1. Details of e-mail with the Defendant and D, and content of e-mail with the Defendant;

1. Each written agreement for consulting;

1. A copy of a note;

1. Copies of each receipt;

1. A copy of a detailed statement of transactions and a receipt for deposits without passbook;

1. A copy of all the registered matters (Evidence records 41 pages);

1. Application of Acts and subordinate statutes to investigation reports (Evidence records 503 pages);

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

1. Article 62 (1) of the Criminal Act;

1. The intent of the criminal defendant to acquire by deceit under Article 62-2 of the Criminal Act of the community service order.