A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The defendant is the seller of the building with a 206m square and ground (the second and third floors are composed of six studio, and a gas meter and a water meter are installed by each unit) in Yangyang-si, Nam-si, in which the defendant owns the share of 1/2 of the defendant's ASEAN, and the victim D is the buyer of the above land and the above ground buildings.

On May 2, 2017, the Defendant, at the F real estate real estate agent office located in Namyang-si, Namyang-si, concluded a sales contract for the land and above ground buildings with the victim seeking to engage in studio rental business, as if the Defendant did not have any problem on the above ground buildings by stating that “only the interior and toilet parts of the above ground buildings have been illegally expanded, and only those parts are illegal.”

However, the above ground building is only permitted as a "Class I neighborhood living facility", and it was not possible to install a room for residence in the above ground building, and it was difficult to change the purpose of use to a residential building due to lack of parking facilities. While the defendant was aware of such fact, he did not notify the victim of such fact.

As above, the Defendant, by deceiving the victim, entered into a sales contract for the above land and ground buildings on the same day with the victim, and acquired 50 million won from the victim as the down payment on the same day, and acquired 120 million won in total from the victim as the intermediate payment around May 29, 2017.

Summary of Evidence

1. Statement of the defendant in court, protocol of examination of the police officer against the defendant, G or H (second time, replacement);

1. The application of statutes governing sales contracts for commercial buildings, receipts for the District Court 2017Kahap54784, 2017Kahap195 (Counterclaim), Seoul High Court 2018Na205298, 2018Na2052304 (Counterclaim), and the application of statutes governing sales contracts for commercial buildings, receipts for the District Court 2017Kahap5484, 2017Kahap195 (Counterclaim), Seoul High Court 2018Na205298, 2018Na2052304;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;