A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On April 19, 2016, the Defendant entered into a sales contract of KRW 6.5 billion with the victim E and the Defendant’s “Mandong-gu F, G land and buildings” owned by the victim E and the Defendant.

However, the Defendant entered into a contract with H around December 19, 2014, which was prior to the conclusion of the above sales contract, to sell part of the above real estate at KRW 1.7 billion, and received KRW 242 million in total as a contract deposit and intermediate payment. Of the above sales price, the remainder of the above sales price was a financing for a loan from a financial institution, and the financial institution was refused to grant loan approval and did not pay any balance, and there was a dispute between the Defendant and H on the grounds for the refusal of the above loan approval, and H continued to purchase the above real estate under the circumstances where the collateral security was established under the name of H in order to secure the repayment of the above sales price.

Nevertheless, the Defendant did not inform the victim of the fact that the problems such as the termination of the sales contract and the settlement of the price have not been completed at the time of selling part of the real estate for the purpose of sale and receiving part of the intermediate payment, as seen above, by explaining to the effect that the victim may be cancelled if only 300 million won of debt can be repaid, the Defendant deceiving the victim, and then, by receiving KRW 150 million as the down payment from the victim, from the victim to the financial account (Account No.J) for the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness K, L, M, and E;

1. Each police statement made against K, L, or M;

1. Complaint;

1. Determination on the assertion of the defendant and his/her defense counsel as to the entirety of the documents attached to the written complaint and the investigation report (to hear the suspect A and the witness L

1. The defendant and his defense counsel;