The punishment of the accused shall be four months by imprisonment.

except that the above sentence shall be executed for one year after the judgment becomes final and conclusive.

Punishment of the crime

On December 3, 2018, the Defendant stated that “The mother is the mother of Hongsung-gun E, and the mother is the land, and the mother would sell the land, and the mother will gather the purchase price of KRW 15,000,000 from the face to the certified judicial scrivener office in Hongsung-gun, Hongsung-gun, with a certificate of the personal seal impression and a certificate of the personal seal impression in his name, and the Defendant would transfer the land to the certified judicial scrivener office.”

However, the mother of the defendant did not allow the defendant to sell the land to the defendant, and even if he received the purchase price from the victim, the defendant did not have the intent or ability to register the transfer of ownership to the victim.

The Defendant, by deceiving the victim as such, received 14,840,000 won from the victim’s account in the name of the Defendant to the F Bank account in the name of the Defendant on the same day, and received 160,000 won from the G account in the name of G designated by the Defendant.

Accordingly, the defendant acquired a total of 15,000,000 won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (land name C telephone statement);

1. Application of Acts and subordinate statutes to a real estate sales contract, transfer statement, and suspect account statement;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. The elements of mitigation of punishment of less than KRW 100 million [type 1] under the general fraud [type 1] of less than KRW 100 million under the sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act shall be comprehensively taken into account the following factors: (a) mitigation area; (b) mitigation area; (c) amount of damage and method of committing a crime; (d) the amount of damage and method of a sentence for one month to one year; (e) the victim has not want to be punished for the defendant by returning the damaged amount from the defendant; and (e) other factors of sentencing, including the defendant's age, occupation, criminal records (no punishment force shall be imposed) and environment.