A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[2017 Highest 3292]

1. On January 16, 2017, the Defendant would normally register the transfer of ownership with the victim D at the C office operated by the Defendant of five stories in Gangnam-gu Seoul Metropolitan Government, Seoul, with the “2.4 million won per square day of the land owned by Pyeongtaek-si in Gyeonggi-do, and with the purchase of KRW 24 million per square day.”

“The purpose of “ was to make a false representation.”

However, the defendant paid down payment of KRW 80 million to the above land on January 3, 2017 and entered into a sales contract with F as the owner F with KRW 1.2 million and the total purchase price of KRW 74 million. However, the defendant did not have economic ability to pay the balance of KRW 664 million up to March 15, 2007, which is the remaining payment date, and was not the owner of the above land. The money received from the damaged person for the use of office funds, etc. was not an intention or ability to register the transfer of ownership of the above land in a normal manner even if he/she receives money from the injured person for the use of the money as the purchase price.

As such, the Defendant, by deceiving the victim as such, acquired 24 million won in total, including 20 million won on the same day from the victim, and 22 million won on January 20, 2017, from the victim, and acquired by deception as the purchase price of the above land.

[2017 Highest 3434]

2. On April 22, 2015, at the C office located in the five storys of the Gangnam-gu Seoul Metropolitan Government G Building, the Defendant falsely stated that “The Defendant would make a registration of transfer of ownership immediately if he/she sells the said land at a later high price, because the first price is adjacent to the planned area for real estate development in Gyeonggi-do, and thus he/she would be able to sell the said land at a later price and make profits therefrom.”

However, in fact, the Defendant did not have ownership of the above land and did not have any intention or ability to complete the registration of transfer of ownership of the above land because he thought that he would use the land as the office operating expenses even if he received the payment from the injured party of the purchase price.

Ultimately, the Defendant.