A defendant shall be punished by imprisonment for six 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 May 1, 2015, the Defendant: (a) purchased 301 (E market building) on the third floor operated on the 3rd floor, non-party D, and established a rehabilitation convalescent; (b) upon completion, the Defendant paid the right to operate the restaurant within the hospital; and (c) changed the amount of KRW 100 million with the deposit, to the victim and the lessor in the G convalescent hospital located in the Busan Dong-gu, Busan; (d) around June 1, 2015, the Defendant paid 10 million on June 1, 2015 to the victim and the lessee; and (e) the deposit amount of KRW 10 million on the day of the contract; and (e) the intermediate payment of KRW 20 million on July 1, 2015; and (e) the intermediate payment of KRW 100,015 on the part of the intermediate payment of KRW 100,500,015.

However, in fact, Defendant 1 did not receive a change in the name of the owner of the above E market shopping building, and from June 1, 2015, the construction of the above E market shopping building was under way by H, I, and J. From around June 2, 2015, the Defendant transferred the right to dispose of the above E market shopping building to H on or around June 2, 2015, and accordingly, the Defendant transferred the ownership of the above E market shopping building to I on or around September 4, 2015, even if the Defendant received money from the damaged party, he did not have the intent or ability to grant the right to operate the cafeteria within the hospital.

The defendant deceivings the victim as above and receives KRW 10 million as the down payment from the victim on June 1, 2015, KRW 10 million as the part payments around July 1, 2015, KRW 2 million as the part payments, etc. around July 10, 2015, KRW 1 million as the part payments, around July 14, 2015, KRW 200,000 as the part payments around July 14, 2015, and KRW 50,000,000 as the part payments around July 21, 2015, respectively, from the victim to the Busan Bank account (Account Number K) in the name of the defendant, and again, from the victim on July 21, 2015.