A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On August 26, 2004, the Defendant received KRW 20 million as the sales contract deposit, on the ground that: (a) the Defendant did not have the right to enforce the redevelopment project, which was operated by the Defendant, with respect to the redevelopment project in the Yongsan-gu C in Yongsan-gu, Yongsan-gu; (b) the said company had the right to enforce the redevelopment project; and (c) the Defendant would sell the apartment complex in lots at KRW 32,00,00 at a price lower than the selling price in the apartment complex in the Goyang-gu, Yongsan-gu; and (d) the Defendant was paid KRW 20,000 as the sales contract deposit.

On April 11, 2008, the Defendant made a false statement to the victim requesting the purchase of apartment units at F's house located in Mapo-gu Seoul Mapo-gu Seoul E-Ba, stating that "The apartment construction approval has been obtained, and the apartment sale price has been set. In addition, in addition to the already paid KRW 20 million, the Defendant would sell apartment units at 38 square meters from among apartment units with D having the right to sell apartment units."

However, in fact, D corporation operated by the defendant did not have the right to execute the above redevelopment project, and there was no right to sell apartments secured by D, so even if it received money from the victim, there was no intention or ability to sell apartments.

The Defendant received 10 million won from the victim, i.e., the victim, and 20 million won from the company bank account of D on the same day, 3 million won from the bank account of D on May 15, 2008, and 14 million won from the company bank account of D on June 27, 2008, respectively.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Entry of the defendant in court statements in the third protocol of trial;

1. The prosecutor's statement concerning B;

1. Protocol of the police statement concerning B;

1. A criminal investigation report (Submission of reference data) and inquiry of details of transactions, and a copy of a bankbook;

1. Investigation report (to hear the statements by the telephone of the current council of occupants' representatives related to the executor company);

1. An agreement; 1.1.