수원지방법원 안산지원 2017.11.15 2017고단235



A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.


Punishment of the crime

On January 20, 2016, the Defendant would make an investment of KRW 1 billion, including the down payment of land purchase and sale KRW 550 million, design cost KRW 400,000,000, and other authorization and permission costs, within 45 days from February 5, 2016, in the “E” office for the Defendant’s operation of Ansan-si, Seoul-si, 1501, and the victim F, in return for the transfer of ownership of 28 square-type 4 households and 26 square-type 26 households located on the top of the office.

As a result, the phrase “the difference between KRW 27,50,000 and KRW 27,500 was made as a prior interest.”

However, in fact, the defendant did not have any intention or ability to invest one billion won in the victim because he received money from the injured party due to bad credit standing and thought to use it as living expenses.

Around January 28, 2016, the Defendant deposited KRW 5 million in the post office account (G) under the name of the Defendant, and KRW 20 million in the same account around February 5, 2016, respectively, from the damaged person on a prior basis, and around February 6, 2016, the Defendant received KRW 2.5 million in cash from the damaged person.

Accordingly, the defendant was given a total of KRW 27.5 million by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of statutes, such as receipts;

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

1. It is so decided as per Disposition for not less than Article 62(1) of the Criminal Act (i.e., the confession and reflect of the defendant, and the fact that the injured party does not want the punishment against the defendant by mutual consent with the victim).