A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On November 23, 2010, the Defendant, as a real estate broker, called the victim C with the intention of mediating a real estate trading contract of an amount of 440 square meters within D during the 19th century, as a real estate broker, the Defendant called the victim by phoneing the above victim on November 23, 2010, and remitted the cost of lawsuit and transfer of registration, as the cost of lawsuit and transfer of registration is required.

However, even if the defendant received 19 million won from the injured party, he did not intend to use it for the costs of lawsuit and transfer of registration.

Around November 24, 2010, the defendant deceivings the victim as above, and was delivered KRW 19 million to the Nonghyup Bank Account (E) in the name of the defendant around November 24, 2010.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the police statement protocol law to C

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

The reason for sentencing [Scope of Recommendation] The defendant and defense counsel's assertion and defense counsel's judgment are denied on the grounds that the defendant did not intend to obtain the above KRW 19,00,00 from the injured party at the time of receiving the above KRW 19,00,00,00 for the reason that the defendant did not intend to obtain the deception at the time of receiving the above KRW 19,00,000 from the injured party.

The criminal intent of defraudation, which is a subjective element of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of performing the transaction before and after the crime unless the defendant confessions (see, e.g., Supreme Court Decisions 95Do424, Apr. 25, 1995; 2004Do3515, Dec. 10, 2004).