A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On November 9, 2015, the Defendant purchased the victim C’s apartment commercial buildings located in Gwangjin-gu, Jeonyang-gu, Seoul, with a line of KRW 400 million on the side of D, and the Defendant purchased the two and the third apartment commercial buildings in lightyang D2 and the third apartment commercial buildings.

Among the commercial buildings purchased within the inside, 103 units of D apartment commercial buildings will be sold to 120 million won, so it would be false that it would be changed to 12 million won as a down payment for resale.

However, at the time of fact, the Defendant was merely a double recruitment book for the second apartment building, and there was no intention or ability to resell the said 103 commercial building even if the Defendant received the money of the down payment under the pretext of the down payment, and there was no intention or ability to resell the said 103 commercial building even if he did not have concluded the purchase contract with the said party or obtained the right of sale.

The defendant deceivings the victim as above and received 12 million won from the national bank account (Account Number: E) in the name of the defendant on the same day from the victim, as the down payment for commercial buildings.

As a result, the defendant deceivings the victim and was given KRW 12 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A copy of a bankbook transaction and a contract for supply of luminous D commercial buildings;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;

1. The reason for sentencing of Article 32(1)3, Article 25(3)3, and 25(4) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation [the type of determination] types 1 (less less than KRW 100 million) (the determination of the area of recommendation].