A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 6, 2012, the Defendant proposed that “A victim C shall lease a building on the three-story D Building in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, to the effect that “A building is owned by the three-story D building, and is allowed to operate a massage office at this place.”

However, on January 18, 2012, the Defendant entered into a contract to purchase a building with E and two other building owners, 783 million won, and paid only 10 million won as down payment. On February 16, 2012, according to the agreement to pay intermediate payments and remainder, the Defendant had to take over the obligation of KRW 623 million, such as the loans from the National Bank of Korea, etc. of the building owner, and refund KRW 80 million to F who leased the building at the time of the lease. However, as against the contrary of the National Bank, it was impossible to take over the obligation against the National Bank, and there was no financial ability to return the deposit, and it was impossible to lend the building as collateral, and thus, it was a situation in which payment is overdue to the owner of the building.

Therefore, the Defendant did not have any authority over the building at the time of concluding the contract with the victim, and the F did not have any intent or ability to lease the building normally to the victim while occupying the building by exercising the right of lease.

Accordingly, the Defendant, as seen above, by deceiving the victim, received KRW 5 million from the victim, around March 7, 2012, and received KRW 10 million from the victim, around September of the same month; KRW 30 million around December of the same month; and KRW 30 million around the 13th day of the same month; and acquired KRW 75 million as a deposit for lease of the building.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of each police statement related to C and F;

1. Details of passbook transactions, real estate sales contract, etc.;

1. Application of Acts and subordinate statutes to investigation reports (report on telephone conversations between the owner of the building in the main building and the building in the main building), investigation reports (report on appending all the registered matters of the

1. Article 347 of the Criminal Act of this Act concerning criminal facts.