On September 7, 2008, the Defendant obtained a slaughterhouse development permit from the victim C at a restaurant in which it is impossible to know the trade name located in Gangnam-dong of Gangseo-gu, Gangnam-gu, 200, the Defendant: (a) sold approximately KRW 100 million of pine trees on the ground to KRW 250 million; (b) changed the down payment to KRW 40 million; (c) would pay the down payment to the victim KRW 40 million, if he did not sell pine trees, the Defendant made a false statement.

However, the fact was that G, who established the right to collateral security in the forest above, demanded the repayment of the debt and applied for a voluntary auction, and that it was not possible to construct the slaughterhouse because there was no money to pay the performance guarantee for the construction of the slaughterhouse in connection with the permission for slaughterhouse development. Since the forest above was already sold to H, the Defendant had no intention or ability to immediately extract pine trees on the ground to the victim.

On September 8, 2008, the Defendant, by deceiving the victim, received 40 million won as the down payment from the victim and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement C to the Acts and subordinate statutes;

1. In full view of all favorable circumstances such as the pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the defendant's erroneous reasons for sentencing of imprisonment with prison labor, the fact that the defendant recognized his/her own misconduct and repents, and the fact that the victim's health is not good due to brain death or aftermathing, etc., and the fact that there are no efforts to recover damage, etc., the defendant's age and character, personality and conduct, family relationship, the circumstances leading to the instant crime, and the future progress, etc., the punishment shall be determined as ordered within the scope of sentencing guidelines (Fraud crime, general fraud, type 100 million won or less, and June-16 of the basic area).

It is so decided as per Disposition for the above reasons.