A defendant shall be punished by imprisonment for one year.

except that 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

On February 2, 2010, the Defendant made a false statement to the effect that, at a coffee shop where the trade name in Yeongdeungpo-gu Seoul Metropolitan Government is unknown, “The Do Officetel may be purchased at a price lower than the market price, and if the Defendant invests KRW 100 million in the down payment and intermediate payment, the remainder will be paid upon the receipt of a secured loan. At present, the Defendant would be a company that purchases office debentures 9, and if it is sold later, at least 30 percent of investment profits may be earned if it is sold later.”

However, in fact, the above officetels was in a civil dispute, such as provisional seizure, etc., and even if the defendant received investment funds from the victim, he did not have the intention or ability to transfer ownership to the victim by using it to purchase the above officetels.

Nevertheless, on March 22, 2010, the Defendant received transfer of KRW 50,000 from the victim via one bank account (Account Number E) under the name of the Defendant, and the same year.

6.23.Around the same account received KRW 50,000.

On September 17, 2010, the Defendant made a false statement to the victim’s account at an infinite site stating that “The procedure for the purchase of the above officetel has been completed and the documents related to the transfer of ownership have been prepared, and thus, remitted KRW 3.2 million to the registration expenses, such as acquisition tax, etc., to the transfer of KRW 3.2 million to the above Defendant’s account in the name of registration expenses, etc., the Defendant received KRW 3.2 million from the victim and received KRW 1.3 million in total over three occasions

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A complaint;

1. Application of each Act and subordinate statutes to the details of deposits, the statement of deposit transaction, the statement of non-performance, and the statement of repayment;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime (Fraud and choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;