A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant is a real operator of C Co., Ltd.

On February 17, 2015, the Defendant entered into a contract with a construction company and a trust company in Gangnam-gu Seoul on February 17, 2015 with the victim E in order to construct and sell a apartment-type G unit factory in Seongdong-gu Seoul, Seoul and five lots of land.

An agency contract for sale is concluded and the sale in lots is cancelled from March 30, 2015.

“.........”

However, in fact, the defendant paid only the down payment on the above F real estate, and prepared only the formal contract for the PF loan with the Hyundai Elevator Co., Ltd., a contractor, and did not enter into a contract with the trust company without validity, and there was no intention or ability to allow the sales agency to execute the sales agency contract with the victim, even if he had already entered into the sales agency contract with the Dong-young Industrial Development Co., Ltd. and received the down payment.

As such, the Defendant, by deceiving the victim, received 50 million won from the injured party to the Suhyup Account (H) of Defendant’s name on the same day, and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement of E in the police interrogation protocol against the defendant

1. Statement made by the police for E;

1. Complaints and accompanying documents;

1. Application of the Act and subordinate statutes to the investigation report (Evidence No. 13);

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendations given in the sentencing guidelines] - In the area of mitigation (one month to one year) of Class 1 (less than KRW 100 million) of the General Fraud - Special mitigated Persons: The punishment is not to be imposed (the decision of sentence] under the following circumstances, taking into account all the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, sex, family relationship, family environment, motive and means of the crime, and the circumstances after the crime, etc., within the scope of the recommended sentence.

o. Unfavorable.