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

피고인은 2019. 6. 4. 군포시 B 오피스텔 C호에 있는 주식회사 D 사무실에서 피해자 E에게 “화성시 F에 있는 답 300평을 매입해 놨는데 그중에서 10평을 매입해 놓으면 전철역이 가까워서 부동산 가격이 올라간다. 매매대금을 입금시켜 주면 바로 소유권이전을 해주겠다.”라고 거짓말하였다.

However, in fact, the Defendant failed to acquire ownership due to the failure to pay KRW 139,00,000 for the above land in the light of the purport that it was difficult for the Defendant to pay KRW 139,000,000 for the above land and purchase the above land in a situation where it was impossible for the Defendant to purchase the above land due to the lack of financial standing, such as the Defendant’s obligation to pay KRW 200,000,000 for the above land. Since the Defendant thought to use the money received from the victim as the Defendant’s operating expenses or employee’s salary, the Defendant did not have any intent or ability

As above, the Defendant, by deceiving the victim, received 17,460,000 won from the Nonghyup Bank account under the name of the Defendant as the purchase price for land from the victim and acquired it by transfer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (related to telephone conversations between H of reference witness and land trading);

1. Application of Acts and subordinate statutes to land sales contracts, a certified land register, a detailed statement of financial transactions, a detailed statement of deposit transactions, and reply materials;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. are as follows: (a) comprehensive consideration of all the sentencing conditions shown in the pleadings of the instant case, including the following circumstances and Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (b) the circumstances after the crime, etc.

The amount of damage is 17 million won.