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 this judgment becomes final and conclusive.

Punishment of the crime

1. The Defendant was aware of the fact that the victim B did not receive the construction cost from the contractor and acquired money by deceptioning the construction cost, knowing that the victim B did not perform the construction work in the new officetel and the Seo-gu Seoul Metropolitan City D (hereinafter “D”) located in Daejeon Seo-gu, Daejeon (hereinafter “C building”).

Around August 26, 2016, the Defendant called the victim on telephone on August 26, 2016, stating that “in the city, it is the secretary of the office of the attorney-at-law office. The construction cost may be paid to request auction of the constructed C building. B, the Defendant would substitute the request for auction on the face of three million won.”

However, the defendant had no intention or ability to request auction of the C building from the beginning.

The Defendant received KRW 3 million from the victim to the account in the name of the Defendant (EAF).

Accordingly, the defendant was given property by deceiving the victim.

B. Around June 8, 2018, the Defendant phoneed the victim and falsely told that “I cannot receive the construction cost if you want to collect the claim. I must file an application for provisional seizure on the D building to collect the claim. I wish to substitute the application for provisional seizure on face of 850,000 won.”

The Defendant received 850,000 won from the victim to the account in the name of the Defendant (EAF).

Accordingly, the defendant was given property by deceiving the victim.

2. Violation of the Attorney-at-Law Act