A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On May 31, 2018, the Defendant stated that “417 households unsold in the Hanyang-gu Seoul High-si C apartment at the Gyeonggi-gu, Incheon High-si, and the sale price is 301.1 billion won. The Defendant was prepared to purchase the apartment at the level of KRW 10.40 billion, which is 38-40 percent of the sale price. The Defendant shall deposit the apartment at 40 million in mother and child and by 11:00,000,000 won, but if the Defendant loaned KRW 40,000,000,000,000 won, 34,000,000,000 won shall be lent to the next week.”

However, at the time, the Defendant did not have prepared approximately KRW 100 billion purchase funds, which are the costs for purchasing the said apartment unsold unit, and there was no specific business plan for purchasing the said apartment unsold unit. Even if the Defendant borrowed money from the victim, he did not have the intention or ability to reduce 34 foot apartment units.

Ultimately, the Defendant deceivings the victim as above, and then affixed the following seals from the victim.

6.1. The Defendant’s management acquired 40 million won by remitting it to the E-bank account (F) of D Co., Ltd.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement and accusation against B;

1. Account transactions, details, etc. (No. 3,25 No. 133)

1. Application of Acts and subordinate statutes, such as data, etc. (No. 4 through 10, No. 21 in the evidence list) concerning the business of purchasing unsold apartments;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Articles 32 (1) 1 and 26 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the application for compensation applicant is inappropriate as it was made after the closing of argument)

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] shall be limited to fraudulent offenses: general fraud [the type 1] below 100 million won (the special person].