A defendant shall be punished by imprisonment for six 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

[Criminal Power] On January 4, 2012, the Defendant was sentenced to a fine of KRW 7,00,000 as an attempted fraud by the Incheon District Court.

【Criminal Facts】

On December 2009, the Defendant began to use the building No. 401 as the Defendant’s office without permission, as the manager of the building in Seo-gu Incheon, Seo-gu, Incheon, by using the fact that the Defendant constructed the building in question, and as such, used the building No. 401 as the Defendant’s office.

On December 15, 2009, the Defendant stated that “Around December 15, 2009, at the F cafeteria operated by the victim E in Incheon Seo-gu, Seo-gu, Incheon, the Defendant did not pay the construction cost of KRW 40,000,000 to the victim and exercised the lien while occupying the building No. 401. The owner of the building did not pay the construction cost of KRW 40,000,000 to the owner of the building.” On the other hand, the Defendant falsely stated that “I will give priority to the payment of the construction cost of KRW 15,00,000 as the deposit for the lease of the said housing.”

However, as above, the Defendant did not have the right of retention as a person who occupied and used the above 401 building without the consent of the owner of the building without permission or consent, and at the time, the Defendant did not have the right of retention, and the Defendant was in excess of his debt with bad credit standing, and the construction cost incurred by the building construction was most paid from the owner of the building. Therefore, even if the Defendant received KRW 15,00,000 from the victim, the Defendant

Nevertheless, the Defendant received 15,00,000 won as a security deposit from the victim, i.e., a false statement from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act shall be punished by a fine for attempted fraud.