The defendant is a person who purchased 5,592 square meters and has a real right to dispose of the land owned by the defendant.

On or around March 23, 2007, the defendant, at the E-real estate brokerage office operated by the defendant D located in the Gyeong-gun, Chungcheongnam-gun, the defendant, "If he purchases the above forest land in KRW 290 million, he/she shall construct a road after obtaining permission to construct the factory site and transfer the ownership of the road after obtaining a permission to change the form and quality of the civil works for building the factory site at the end of June, 2007, and he/she shall transfer the ownership thereof from the victim, as the down payment on or around March 26, 2007."

6.4. Receiving KRW 30 million as the intermediate payment.

However, in fact, since the victim purchased the forest and field and carried out the construction work without sufficient funds even if the purchase price of the forest was paid from the victim, there was no intention or ability to transfer ownership by changing the nature of the land and changing the form of the civil works and the land within the period which is promised as it is impossible to procure funds to enter

Accordingly, the Defendant acquired 130 million won from the victim as above.

Summary of Evidence

1. Partial statement of each police suspect examination protocol against the accused;

1. Protocol concerning the examination of suspect B;

1. The police statement concerning F;

1. Real estate sales contract (A-F);

1. Application of Acts and subordinate statutes on cashier's checks;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the option of punishment provides that the amount acquired by the defendant from the victim exceeds KRW 130 million, which is not completely recovered from damage, and there is only the criminal record of a fine, the defendant has not been recovered from damage, and the punishment shall be determined as ordered, taking into account the following factors: the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc.