A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

around 14:00 on August 19, 2014, the Defendant told the victim B to pay the deposit to the new tenant if he/she lends 12 million won to the former tenant if he/she had to produce the former tenant.

However, even if the defendant received the deposit from the new purchaser, he did not intend to pay to the victim because he thought that he would use it for personal purposes, such as building repair costs.

The Defendant, as such, by deceiving the victim, received from the victim, i.e., delivery of KRW 12 million from the one bank account (C) in the name of the victim to the Busan Bank account in the name of the Defendant’s wife-type D who was designated by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The crime of this case for the reason of sentencing under Article 62 (1) of the Criminal Code of the Suspension of Execution is disadvantageous to the criminal defendant by deceiving the victim as above and deceiving him/her of KRW 12 million.

However, the sentencing conditions in the records, such as the defendant's age, health, occupation, sex, family relationship, and circumstances before and after the crime are determined by considering the fact that the defendant is against the defendant, that the injured person does not want the punishment of the defendant, and that the injured person does not want the punishment of the defendant.