A defendant shall be punished by imprisonment with prison labor for up to six 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

On October 26, 2018, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a period of six months for fraud in the Daejeon District Court's Incheon District Court's Branch on October 26, 2018, and the judgment became final and conclusive on November 3, 2018.

From November 18, 2010 to January 10, 2017, the Defendant had the lessee, who was the owner of the building B in Seoan-gu, Seoan-gu, Seoan-gu, B, and intended to enter into a lease agreement with the owner of the building B, who did not easily perform the lease agreement on the building B, notify the lessee of the total amount of the lease generation and the deposit money and had the lessee enter into the lease agreement by notifying

On November 13, 2014, the Defendant stated that “The lease of the lease of the lease of the lease of the lease of the lease of the entire 18 households among the total 18 households of the building B is 292 million won, and the maximum debt amount of the right to collateral security, which remains in the copy of the register, is 516 million won.” On November 13, 2014, the Defendant stated that “The actual sale of the building B is 1.4 billion won because the actual sale of the building B is 1.4 billion won, the actual sale of the building is 1.4 billion won, and there is no problem that the deposit is refunded.”

However, in fact, the lease of the above building is 11 households, and the sum of the deposit for the lease has been 50 million won, and the defendant was unable to pay interest and the management expenses for the bank loan of KRW 430 million due to no particular occupation or income, so there was no intention or ability to return the deposit for the lease to the victim normally.

As above, the Defendant, by deceiving the victim, received KRW 1 million from the victim, to transfer the remainder of KRW 39 million to the Agricultural Cooperative Account in the name of the Defendant around November 14, 2014, and around November 25, 2014, the Defendant received KRW 40 million in total from the victim to the Agricultural Cooperative Account in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning G;

1. E-certification and investigation report of H's fact-finding certificate (G telephone conversations in a complainant);

1. Investigation report (related to calculation of sale price, etc. of building B at the time of this case and hearing of statements from witnesses E);

1. Investigation report (the current status of lessees);

1. The current status of lessees;