A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

Around 20:00 on June 30, 200, the Defendant presented the documents to the injured party C [the plan to build a new apartment on the 6th floor size above the ground surface on the land of the Jeonjin-gu, Seoul Special Metropolitan City, which is owned by the party, to build new apartment on the land of the Jeonjin-gu, Seoul Special Metropolitan City. The construction will begin on August 10, 2008 and complete the construction on February 30, 2009. The sale of the said land to the extent of KRW 350,000,000 is changed to the name of F as designated by the ownership on the register by selling the said land to the extent that the ownership on the register is inside the ownership of the said land. On the other hand, the remainder after obtaining a bank loan as collateral and immediately paying the down payment KRW 12,000,000,000 to the party, the remainder would not be paid by transferring the ownership on the land after completion of the construction.

However, at that time, the Defendant had been under trial due to the crime of fraud, occupational breach of trust, etc. equivalent to KRW 1.131 million in total of the damages incurred in the construction of an apartment in the past, and had been making efforts to repay damages to an agreement among several months, and thus, there was no funds to construct an apartment. In such a situation, the Defendant only has a vague plan to induce the victim by deceiving the victim on the ground of the construction plan. Since there was no specific plan for constructing an apartment on the ground after the victim transferred the ownership of the land from the victim, there was no specific plan for constructing an apartment on the ground, it is difficult to complete the construction of the apartment until February 30, 2009, and it was difficult to start the construction.

The Defendant, by deceiving the victim as above, had the victim transfer on June 30, 200 to F on June 30, 2008 the above E land amounting to KRW 350 million owned by the Defendant.