Defendant

A shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Punishment of the crime

[Judgment of the court below]

1. On February 22, 2007, Defendant A’s fraud against Defendant A’s victim F was leased to the victim F in the restaurant operated by Defendant B in Seongbuk-gu, Seongbuk-gu, Sungnam-si, by “B, 3 underground floors and the 8th floor size above the ground level “B, H in Y, Y,” and the above commercial building is not sold as a facilities specialized in bail, but as sales. Once the neighborhood living facilities are installed, it is immediately possible to sell the facility. As such, Defendant A made a false statement that Defendant B would transfer B’s right to sell the facility by way of a security deposit for selling in lots from the Y to the neighborhood living facilities after changing the use of the facility from the Y to the neighborhood living facilities.”

However, at the time, Defendant B failed to secure the right to the above commercial building because it failed to secure the balance of the above “I”, and the above commercial building is virtually impossible to change its use into a neighborhood living facility in terms of its structure and function. Thus, even if Defendant A received the deposit from the victim for the sale agency, Defendant A did not have the intent or ability to transfer the right to the sale agency of the commercial building to the victim.

Nevertheless, Defendant A made the above false statement and caused the victim to deliver KRW 150,000,000 to Defendant B as a security deposit for selling in lots.

Accordingly, the defendant A had the defendant B receive the property by deceiving the victim.

2. On May 25, 2005, Defendant A made a false statement to Defendant A’s victim J that “on the face of the loan of KRW 50 million to the victim J, the said L commercial store will be sold in the name of the master, and on September 30, 2005, the said L commercial store will be sold in the name of the master, and on the face of two months after the loan of KRW 50 million to the victim J., Defendant A made up one copy of the sales contract of the first floor of the above L commercial building as security to the victim.”

However, at the time, Defendant A had no particular property due to the failure of the double sale agency business.