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

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

Punishment of the crime

1. Around April 7, 2010, the defrauded introduced the Defendant to purchase the 2,512 square meters of land in the Cda located in Chungcheongnam-si, Namyang-si, the Namyang-si, to purchase the 2,512 square meters of land before E. The Defendant promised to open access roads and resell them at high prices. The victim entered into a sales contract with the F, the land owner.

However, the Defendant did not hold a prior consultation with regard to the establishment of access roads to the above land, and even if he did not obtain consent later, he did not intend to pay the user fee or to use it for the construction cost of the access roads even if he did not receive money from the victim for the expenses of opening the access roads.

Nevertheless, the Defendant, while acting as if he had reached an agreement with the props to open access roads, had the victim changed the construction cost of KRW 10 million with the road construction cost, and was issued KRW 10 million from the victim.

Since the Defendant continued to receive the above money without obtaining any consent from the props of the access road, it was difficult to open the access road. However, around May 18, 2010, the Defendant issued the victim a false statement that “The additional construction cost for the access road is increased by KRW 10 million, which is necessary for the additional construction cost for the access road.” The Defendant received KRW 10 million from the victim.

Accordingly, the Defendant, as seen above, got a total of KRW 20 million from the victim by deceiving the victim.

2. The Embezzlement victim D prepared a real estate sales contract on the condition of opening access roads to the land specified in the above F and paragraph (1) and delivered KRW 16 million as the down payment. The contract was terminated due to the Defendant’s failure to open access roads.

Accordingly, the defendant has mediated the above real estate in the middle of September 2010 through G which brokered the above real estate in the middle of Cda.