A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant served as a staff member of a certified judicial scrivener office in Gyeonggicheon-gun C.

On November 5, 2014, the Defendant, at the above certified judicial scrivener office, made a false statement to the victim E that D had a certified judicial scrivener registered the transfer of ownership following the sale of real estate, and “to request the victim E to pay the money in return for the reduction of transfer price.”

However, the fact was that the defendant was intended to use it individually for the repayment of debt, and did not have the intent or ability to reduce the transfer of the victim E or to make a substitute payment.

The Defendant received KRW 19,5 million in total from the victim E on November 5, 2014, KRW 20 million, KRW 17,000,000 on November 17, 2014, KRW 30,000 on December 12, 2014, KRW 16,7,2180,000 on December 16, 2014, KRW 26,000 on December 26, 2014, KRW 40,0320,00 on January 24, 2015, and KRW 19,5 million on January 11, 2016.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A certified copy of the register, a real estate transaction contract, and a certificate of deduction;

1. Cash receipts, receipts, tax invoices, funeral contract, and written confirmation;

1. Standard return and payment statement of capital gains tax, tax invoice, account transaction details, copy of passbook, and receipt;

1. Notice for public auction or public auction;

1. Application of Acts and subordinate statutes to certificates of process, certificates of fact verification, and performance;

1. Article 347 (1) of the Criminal Act, and the choice of imprisonment, inclusive, with prison labor under Article 347 of the Criminal Act and the choice of applicable laws and punishment for the crime

1. The sentencing guidelines for the sentencing of Article 62(1) of the Criminal Act on the grounds of the suspended sentence [type determination] of the O fraudulent crime [the sentencing guidelines for the sentencing of Article 62(1) of the Criminal Act] General Fraud / [the person subject to special sentencing] mitigated elements: The victim's revocation of the complaint by repaying the total amount of damage caused] mitigated area / [the scope of the recommended sentence] mitigated area: the criteria for the suspended sentence of October - June 2, 200 [the main reasons positive consideration] who is not subject to punishment [the general reason / who is clear of social relation, serious reflection, and there is no criminal conviction above the suspended sentence [the negative reasons].