A defendant shall be punished by imprisonment for not less than eight 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

(A)The defendant is the representative director of D and is the F Housing Association which is the executor of the Construction of New Apartment Units E in Seoul, Jung-gu, and the person in charge of the implementation of the F Housing Association as proxy.

On October 14, 2010, the Defendant told the victim H (38 years of age, women) of the foregoing D office located in the sixth floor of the Seoul Jung-gu G Building, Seoul, that “on the face of the week, the Defendant is responsible for paying the apartment charges of KRW 250 million, and paid the apartment charges of KRW 33.57 square meters, the apartment charges of KRW 33.57 square meters, and the sales price of which is KRW 457 million, will be sold in lots.”

However, in fact, there was no monthly wage of KRW 2,00,000, and there was no property under the name of the defendant, and there was no property value due to the provisional seizure and mortgage established by the defendant's wife or the real estate under the name of the defendant, while there was no property value of KRW 1,20,000,000,000,000 was paid as the office operation expenses each month, and there was a situation that the amount of KRW 38,000,000 was required to be paid as the office operation expenses each month, and there was a criminal complaint due to the failure to pay the amount of KRW 68,000,000,000, which was under the pressure of funds due to criminal complaint, even if the money was received from the victim, there was no intention or ability to return the money that was paid to the victim in accordance with the due date for payment of the apartment contribution.

Nevertheless, the Defendant, as above, was issued KRW 150 million in total as KRW 150,000,000 on a check from the victim, namely, in the name of apartment contributions, from the victim.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Statement made by a witness H in the third protocol of the trial;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including H substitute part);

1. Statement of the second police interrogation protocol against the accused in part (including H substitute part);

1. An agreement to guarantee the rights of association members, a housing association subscription agreement, a payment note, and