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

The Defendant is the owner of Seongdong-gu Seoul (hereinafter referred to as “instant real estate”) Nos. 2 and 3 (hereinafter referred to as “instant real estate”).

On March 30, 2016, the Defendant: (a) around March 30, 2016, the first floor No. 3 of the C Commercial Building underground, and (b) the victim D seeking to rent the instant real estate, “A lease contract was concluded because there is no defect in the instant real estate; (c) KRW 22 million is paid with the rent deposit; and (d) KRW 450,000 is paid monthly.

“A false statement” was made.

However, at the time of fact, on December 28, 2015, the instant real estate was under way in the process of compulsory auction due to a decision to commence compulsory auction to the Seoul Eastern District Court E, and the Defendant, a lessor, was obligated to notify the victim, who is the lessee.

As such, the Defendant deceivings a victim by means of not notifying him/her of important facts regarding the lease contract of the instant real estate, and thus, is to enter into a lease contract with the victim on April 1, 2016, and 300,000 won from the victim on April 1, 2016, and the same month from the victim on the pretext of a provisional contract.

7. The Defendant received 1.7 million won as the remainder down payment, and 13 million won as the remainder on the 15th of the same month, in the name of the Defendant’s account in the name of the Cit Bank (Account Number:F), and acquired by remittance the total amount of KRW 15 million over three occasions.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);

1. Application of Acts and subordinate statutes governing recording records;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act not only did the Defendant notify the fact that the auction procedure for the instant commercial building was in progress, but also the victim’s confirmation was made with a false statement. In light of the fact that the crime was poor and twice the same crime is committed.