A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On September 2, 2008, the Defendant stated that “A” office located in Gyeyang-gu Incheon building C, 2, 301, in order to be an auction of the instant three can be said to require KRW 300,000 from the successful bid price to KRW 200,000 to KRW 300,000,000.”

However, even if the defendant receives money from the injured party as a deposit for auction, he did not have the intention or ability to use the above real estate as a deposit for auction to receive a successful bid.

The Defendant, by deceiving the victim by such means as above, received a total of KRW 28 million on September 2, 2008 from the victim, including KRW 5 million on September 2, 2008, KRW 21 million on September 3, 2008, and KRW 26 million on September 26, 200.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. A report on investigation (a report on attachment of details of the transaction throughout the country);

1. An agreement on the successful bid of real estate, a real estate investment agreement (the defendant and his defense counsel held real estate in the name of F at the time when the defendant was to receive KRW 28 million from the injured party, and thus, fraud is not established because he had sufficient intent and ability to repay the above money to the injured party. However, the injured party requested from the defendant that the expenses for bid bond and performance of duties are required in seeking three can be claimed, but the defendant paid KRW 28 million to the defendant around September 2008, although the defendant did not find such real estate and did not return the above money.

The defendant stated that he did not return the above money because he had a lot of funds required for the operation of a private teaching institute although he tried to return it by the investigative agency.

There are real estates such as the statement, 3.01 G 401 in Incheon Gyeyang-gu, 2.301 in Incheon Gyeyang-gu, and 301 in Incheon Gyeyang-gu, but the defendant is not the property of the defendant's name.