A defendant shall be punished by imprisonment for six 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

On December 3, 2011, the Defendant made a false statement to the victim C that “I will sell KRW 1,000 won per share of pine trees D (hereinafter “instant pine trees”) to the victim at an influent place located in Hong-gun, Chungcheongnam-gun, Chungcheongnam-si, Chungcheongnam-si, and that I would buy KRW 1,50,000 per share of KRW 1,50,000 or KRW 20,000 per share. There are many landscapings who will buy money within two days per share. The Defendant provided money to E, who is a friendship-gu, within two days. If you purchase pine trees, I may cut pine trees two to three days after the purchase of pine trees.”

However, the fact is that the Dosung F&C, which was trying to construct the factory site in D D in the Jinjin-si, failed to prepare a deposit for recovery to mine the pine trees from the above land, and the Defendant, who purchased the said pine trees in succession through G from the Dosung F&C Co., Ltd., via F representative G, intended to dispose of the said pine trees in KRW 100 million to H, a landscaping company, but the contract did not proceed on the ground that there was no certificate of payment for recovery. Therefore, even if receiving money from the victim as the purchase price for the said pine trees, there was no intention or ability to remove the pine trees within 2 to 3 days.

The Defendant received KRW 6 million on the same day and KRW 24 million on December 5, 201 from the victim to the bank account in the name of E as the purchase price for pine trees.

Accordingly, the defendant deceivings the victim to take money by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C, G, I, and J;

1. A contract to sell trees;

1. Notice to pay charges;

1. Business plan;

1. Application of the Acts and subordinate statutes governing financial transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62Da1

1. The summary of the argument in this case is from G.