However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

On September 29, 2009, the Defendant, along with E and F, intended to purchase the natural green area (hereinafter “H forest”) among H forest land owned by G, etc., and entered into a sales contract with G, etc.’s agent on the purchase price of H forest land of KRW 3,187,80,000, etc.

After that, around March 2011, the Defendant recommended the purchase of the Hean-gu N forest owned by G, etc. (hereinafter “N forest”) adjacent to H forests and fields by the victim J, K and L, and said, “The Defendant may acquire the ownership of N forest land or adjacent H forest within 70 days, secure access roads, and change them into the land for neighborhood living facilities by obtaining a construction permit.”

Accordingly, on March 23, 2011, the victim J and L jointly entered into a contract with M on the purchase price of KRW 2,160,000,000 with respect to N forest, and the Defendant entered into a land development service contract with the Defendant for the amount of KRW 600,000,000 with respect to N forest (hereinafter “instant contract”). The victims granted the Defendant KRW 50,000,000 via L around March 23, 201 pursuant to the instant contract, around March 24, 201, around KRW 50,000,000, around March 24, 201, and around March 25, 2011, KRW 60,000,000 with respect to N forest, including the sum of KRW 60,000,000,000, around March 25, 2011.

However, in fact, the Defendant was unable to pay intermediate payments and remainder of the purchase price, and the acquisition of ownership of H forest was unclear, and there was no consent from the joint purchaser F and E to provide part of H forest as access roads to N forest land. Therefore, even if the Defendant received money from the victims as the service price, he did not have the intent or ability to perform the obligation under the instant contract.

In this regard, the defendant deceivings victims to take the property from the victims.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. The witnessO, P.