A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant is a right holder of Dongjak-gu Seoul Metropolitan Government Carryover 301-50%.

On October 13, 2013, the Defendant entered into a lease agreement with the victim at the coffee shop located in Gwanak-gu, Seoul Special Metropolitan City, the Defendant “301 is sole ownership, and there is any defect in the register” to the victim.

However, the Defendant only owned 50% shares in the above 301, and on November 3, 201, there was a provisional injunction against the above 301 on September 5, 2012, the entire 301 provisional attachment was made on September 21, 2012, and the provisional attachment was made on September 21, 2012, and on November 22, 2012 and July 25, 2013, there was no intention or ability to provide the victim with a house without any defect in the registry even if he/she received a lease deposit from the victim.

The Defendant, as such, by deceiving the victim, received 10 million won as down payment from the victim’s account in the name of the Defendant to the account under the name of the Defendant.

Accordingly, the defendant was given a delivery of KRW 10 million by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 26-2 of the Social Service Order Criminal Act / [Scope of recommending punishment] There is no basic area (six months to one hundred million won) among types 1 (less than KRW 100 million) of general fraud / [decision of sentence] 2 years of suspension of execution in six months of imprisonment (see, e.g., Supreme Court Decision 200Da15448, Jun. 1, 200) (see, e.g., Supreme Court Decision 200Da1548, Jun. 2, 200)