A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On July 2014, the Defendant was in the process of purchasing G hotel from the “D” office in the Defendant’s operation, which is located in the Cheong-si, Jin-do, U.S., and the Defendant already paid KRW 6 billion out of the total purchase price of KRW 8 billion and subsequently paid the remainder of KRW 2 billion, the Defendant would purchase the hotel completely and the Defendant had already secured the investment risk to pay the balance.

When a hotel is purchased, it is planned to carry out the remodeling work immediately, and if the advance is paid in advance, it is intended to give a contract for the remodeling work.

The term "the phrase" and the defendant presented a sales contract and a certificate of deposit confirmation to the victim that the defendant has already paid the down payment amounting to 4 billion won and the intermediate payment amounting to 2 billion won.

However, in fact, at the time of the purchase of G hotel, the Defendant had never paid the money as the down payment and intermediate payment to the Defendant, and the Defendant had failed to pay the wages of the employees affiliated with D’s operation, so the Defendant purchased the said hotel and did not have the intent or ability to give the victim a contract for remodeling works for hotel.

Nevertheless, on July 28, 2014, the Defendant: (a) by deceiving the victim; (b) delivered KRW 20 million to the Saemaul Treasury account in the name of D around July 28, 2014; (c) by the same method, the Defendant received KRW 50 million on August 29, 2014; (d) KRW 450,000 on September 18, 2014; (e) KRW 100,000 on September 22, 2014; and (e) received KRW 2,685 million on five occasions in advance for the contract for remodeling works for the said hotel.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the defendant in the second public trial records;

1. Statement made by the police for E;

1. Details of transfer;

1. Each real estate transaction contract;

1. A certificate of deposit verification;

1. A certificate;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, and the punishment of imprisonment;