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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 21, 2015, the Defendant: (a) reported the bannered “direct trade with land owner” posted by the Defendant on the land of 6,355 square meters owned by the Defendant on the land owned by the Defendant; (b) told the victim that he would wish to purchase part of the said land (300 square meters) and the above-mentioned housing in an amount equivalent to 300 million won.
In March 17, 2015, the Defendant committed “O F,” operated by the victim located in Gangseo-si E on March 17, 2015, as if he would sell part of the above land (300 square meters) to the victim by dividing it, and “A state has already made an application for land partition in the design office located in Seoul, and can be divided until April 10, 2015.
Last, after the land division, the land 300 square meters was falsely made to the effect that “a group of the subjects to be sold together with the house on the ground shall be paid in part of the price.”
However, at that time, the Defendant did not have filed an application for land partition, and there was no time to set up a joint collateral mortgage on the loan debt amounting to 7.3 billion won in aggregate on the land owned by the Defendant, including the above land, and there was no intention or ability to deliver the land to the victim after dividing the above land within a short period, even if the Defendant received the money from the victim, since the interest payment on the loan debt was set up a provisional attachment on the interest debt in arrears, and there was no interest debt amounting to 50 billion won in total without any specific income, and there was no intention or ability to deliver the land to the victim after dividing the land within a short period of time.
On March 17, 2015, the Defendant received KRW 30 million in total from the damaged party to the post office account in the name of the Defendant, and KRW 120 million in total from the same account around the 30th of the same month, such as receiving KRW 120 million in the same account around the 30th of the same month, as the purchase price for the said land.
As above, the defendant deceivings the victim to take the property by deceiving him.
Summary of Evidence
1. Partial statement of the defendant;
1. Each prosecutor's office against the defendant;