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

[criminal history] On November 8, 2016, the Defendant was sentenced to a suspended sentence of two years on the part of six months of imprisonment for fraud in the support of Suwon Friwon, and the said judgment became final and conclusive on January 14, 2017.

[2] On October 2014, the Defendant stated that “The Defendant purchased a resident right to sell E at the time of her husband D around 201 and the market price is equivalent to KRW 150 million at the present market price, instead of paying a full payment of KRW 17 million already borrowed, the Defendant stated that “The her husband D purchased a resident right to sell the E at the time of E around 201, and the 15 million is changed as the down payment to be paid to KRW 100 million to KRW 100 million.”

However, at the time, the above D did not have the E-resident sales right, and the defendant thought that he would use the money borrowed from the bank balance in excess of his obligation as living expenses, etc., so there was no intention or ability to transfer the sales right even if he received the money from the injured party.

Nevertheless, the Defendant was paid 15 million won to the Agricultural Cooperative Account (G) in the name of F around October 24, 2014, by making a false statement as above, from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. Statement made by the police against C;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Details of arrangement of passbooks, recording records, printing out text records, copy of real estate transaction contract, copy of deposit confirmation certificate, cash custody certificate, and each investigation report;

1. Previous convictions in the judgment: The results of inquiry, investigation report, and judgment [1] The defendant and his defense counsel merely borrowed 15 million won from the injured party, but not paid as down payment out of the purchase price in the resident's right to sell land, and 2] At the time they had the intention or ability to repay to the defendant

The argument is asserted.

However, according to the above evidence, the defendant's contract deposit is as follows: ① When the defendant gives a fluence to the victim to the purchase and sale of E's E's right of sale.