A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

[Final Judgment] On April 11, 2019, the Defendant was sentenced to two years of suspension of the execution of imprisonment for fraud at the Busan District Court on April 19, 201, which became final and conclusive on April 19, 2019.

【Criminal Facts】

On July 2015, the Defendant stated that “The Defendant would purchase the instant real estate in KRW 400 million,” to the victim J, who intends to sell the instant real estate in KRW 400 million at the C Licensed Real Estate Agent Office located in Busan-gu, Busan-si, for an amount of KRW 400 million (hereinafter “instant real estate”). The Defendant would purchase the instant real estate at KRW 400 million. If the registration of ownership transfer is completed first of all, KRW 100 million will be paid as the down payment, and the balance of KRW 300 million will be paid by selling other real estate owned by the Defendant to the end of December 2015.”

However, in fact, the Defendant had a debt amounting to KRW 300 million at the time, and there was no intention or ability to pay the purchase price even if the Defendant received the registration of transfer of ownership from the victim, because the Defendant received the registration of transfer of ownership, received the instant real estate as a collateral, received some of the instant real estate as a down payment, paid the remainder as a down payment, and did not satisfy the financial conditions at the time. The real estate owned by the Defendant was not valuable because there was a lot of creation and seizure and it was difficult for the Defendant to sell it.

As such, the Defendant, by deceiving the victim, received the registration of ownership transfer from the victim on August 28, 2015 with respect to the instant real estate in an amount equivalent to KRW 400,000,00 from the victim, and acquired the pecuniary benefits equivalent to the same amount under the name of K.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement against J, L and M;

1. Investigation report (report on real estate property value owned by a suspect);

1. Previous records: Criminal records and application of statutes governing judgment;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act concerning the selection of criminal facts;