A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal record] On November 4, 2010, the Defendant was sentenced to two years of imprisonment by the Seoul High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and was released on September 30, 201, and the remaining term of imprisonment was expired on January 19, 201.

[2] On January 1, 2012, the Defendant entered into a real estate sales contract with U on the part of the Defendant in the “T” office located in the Hahbuk-gun S, and the Defendant paid the amount equivalent to KRW 86,200,000 of the market value of the victim’s 320,000,000, and the amount equivalent to KRW 1,000,000 of the loans of the YF and the amount equivalent to KRW 1,62,00,00, in the above land, to terminate the right to collateral security established on the said land.

First, on March 10, 2012, the remainder amounting to KRW 235,00,000 will be paid until March 10, 2012.

The establishment of the right to collateral security on the remaining purchase price is set up on the apartment owned within 1.2 billion won of the city, and the establishment is cancelled after the payment of the remaining amount.

"Falsely, 86.2 million won was paid to the victim."

However, even if the defendant received the registration of ownership transfer from the damaged person, he did not have any intent or ability to pay the balance.

Accordingly, the Defendant, by deceiving the victim as such, did not pay the remainder of KRW 235,00,000, while the registration of the transfer of ownership of the above real estate was transferred to X name on January 30, 2012 from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness Y;

1. Statement made by the police against U;

1. Each investigation report ( telephone communications with witnesses Z);

1. Investigation report (report on confirmation, etc. of the sale of this real estate);

1. Contracts and respective letters;

1. Contracts, certified copies of registers, and written notes;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), personal identifications, and current status of expropriations;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment].