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

Criminal facts

The Defendant, as the representative director of H, tried to construct approximately 49 units of apartment houses with approximately 76 units of "Sari-si L, and 76 lots of land (hereinafter "the site of this case") in the H office located in Gangnam-gu Seoul on April 17, 2012, Gangnam-gu, Seoul, through J, with approximately 116 units of apartment houses on the site of this case. The construction commences during May 2012.

The construction site may request 50 million won as a deposit to operate a brin restaurant of approximately 80 square meters at the construction site.

Within 30 days from the commencement date of construction works, the above 50 million won will be returned.

‘A false statement' was made.

However, on February 28, 2012, the Defendant purchased the housing construction business rights, etc. on the instant site, which was approved by the panwait, Co., Ltd. and 89, and the panwaitt Co., Ltd., Ltd., under a contract to purchase the down payment of KRW 1 billion and the balance of KRW 10 billion (payment on May 28, 2012), but failed to pay the down payment of KRW 1 billion. The instant site was in progress from January 25, 2012. Since the instant site was in progress in the process of voluntary auction from around January 25, 2012, the instant site was in the state of failing to file an application for alteration of the housing construction project with H, even if the Defendant received the deposit from the victim, there was no intention or ability to operate the apartment construction on the instant site and to operate the restaurant.

The Defendant was transferred from the victim to H account, namely, KRW 30 million from tin, and KRW 20 million on April 20, 2012, respectively.

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

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police interrogation protocol against M, N, and Defendant (including K andO statements);

1. The police statement of K;

1. An agreement on a cafeteria, a business registration certificate, a receipt, a letter of undertaking, a confirmation, a copy of a passbook, a full certificate of registered matters, a real estate sales contract, or a strike P collective housing;