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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On December 2, 2010, the Defendant entered into a contract with the victim I to sell approximately KRW 400 square meters (hereinafter “instant land”) which is part of the upper part of the Hocheon-gun H, Hongcheon-gun, Suwon (hereinafter “instant land”) at a G Authorized Brokerage Office operated by F in Chuncheon-si, Chuncheon-si.
The Defendant made a false statement to the victim that he would not conclude a contract because the land in this case was in order for the victim to have the right to live in the instant land because it was impossible for the victim to hold the house as the blind land, and that the victim would not enter into a contract at the expense of the Defendant at the same time file an application for permission to convert the road at the expense of the Defendant, and open a road adjacent to the instant land by performing civil engineering and stone construction work, and open a road adjacent to the instant land at the latest until April 10, 2011.
However, in fact, the Defendant opened a road on the instant land in the course of the victim’s sunset, and tried to build a road connected to Hongcheon-gun K, the original J owned by the Defendant wife, but did not intend to allow the victim to stop the entire house by inside the road adjacent to the instant land as stipulated in the contract.
Nevertheless, on December 21, 2010, the Defendant received KRW 20 million as the down payment from the injured party, and KRW 40 million as the intermediate payment on December 24, 2010, from the Defendant’s new bank account in the name of his wifeJ (Account L).
Accordingly, the defendant was given property to the victim by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness I and F;
1. Application of a copy of a real estate sale contract, a copy of a deposit certificate, a written statement of change, a written confirmation of land use plan, a whole certificate of each registered matter (K and M), an investigation report (a document, etc. attached to a suspect's permission for development activities), a written public notice of permission for development activities, present status
1. The relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, and the Defendant’s assertion of the type of imprisonment.