A defendant shall be punished by imprisonment for four months.

Of the facts charged in the instant case, the charge of embezzlement is not guilty. This judgment is not guilty.

Punishment of the crime

[2017 Highest 2827] On April 11, 2016, the Defendant made a false statement to the victim B, stating, “The Defendant would have the right to sell an apartment at a lower price than the prime market price, because there is a person who intends to sell a C apartment immediately, and can resell the right to sell an apartment at a higher price than the prime market price.”

However, even if the Defendant received money from the injured party, the Defendant was planned to use the apartment sales fund in personal real estate investment funds, such as the apartment sales fund in the name of the Defendant, so there was no intention or ability to purchase the right.

As above, the Defendant: (a) by deceiving the victim; (b) transferred KRW 10 million to the bank account in the name of Korea on the same day from the victim; and (c) obtained KRW 8 million in cash from the same place; and (d) obtained KRW 18 million in cash from the said place; and (c) acquired the victim by deception.

[2017 Highest 3561] On September 2015, the Defendant made a false statement to the effect that “The Defendant purchased the F apartment sale right in the Daegu Seo-gu, Daegu, to purchase the F apartment sale right and then divide the proceeds from the sale,” at the laund site operated by the victim D (57 tax) E. 104 of the Daegu-gu, Daegu-gu, 2015.”

However, even if the defendant received money from the injured party, he did not have the intent or ability to purchase the right of sale or share the profits of the injured party according to the promise.

The defendant deceivings the victim as above, and he obtained the delivery of KRW 17 million from the victim in cash on the same day.

Summary of Evidence

[2017 Highest 2827]

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement in the police statement protocol against B; and

1. Recording notes and written statements of deposit certificates [2017 Height 3561];

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement 1. The statement of the police statement with D.