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

On December 21, 2007, the Defendant, at the CDesign Office of Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, 2007, said that “the senior citizen hospital director scheduled to be constructed in the west-gu, Chungcheongnam-do, Chungcheongnam-do.” The Defendant said that the Defendant purchased KRW 80 per cent of pine trees located in the land and said that he had the authority to sell the pine trees to himself.

However, in fact, the Defendant entered into a land sales contract with the owner of the land and paid only the down payment with the owner of the land in place of the owner of the land in order to build the elderly hospital on the above land, and did not acquire the full ownership of the above land. The remainder was planned to pay the loan from the bank, and thus, the above land sales contract can be cancelled because it is difficult for the bank to pay the remainder of the loan, and there was no fact that the land owner was authorized to sell the above ground trees. Therefore, even if the Defendant received KRW 10 million from the victim, he did not have the intent or ability

Nevertheless, the Defendant made a false statement to the victim and received KRW 10 million from the victim’s account in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A copy of a sales contract of trees, a list of ordinary deposits, and the application of statutes governing a sales contract;

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 (see, e.g., Article 62(1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2007Da11448, Apr. 1, 2007);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;