A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On October 20, 2017, the Defendant was sentenced to eight months of imprisonment for breach of trust at the Jeju District Court, which became final and conclusive on January 18, 2018.

The defendant is a real operator of corporation B.

On June 16, 2016, the Defendant presented to the victim C a provisional partition of D forest (hereinafter referred to as “principal real estate”) in Jeju-si, Jeju-si, the Defendant made a false statement to the effect that “The Defendant would have the ownership transfer registration by July 20, 2016, with the approval of the construction permit after dividing it.”

However, the real estate was owned by E and one other, and the Defendant concluded a sales contract to purchase the real estate under the name of B from April 8, 2016 to E, etc., but only the said E, etc. paid the down payment amount of KRW 65 million and did not pay any balance until June 8, 2016, which is the remainder payment date.

In addition, the Defendant did not have any specific property and did not operate the above corporation B. Therefore, even if the purchase price is paid from the victim, there was no intention or ability to register the transfer of ownership to the victim normally after paying the purchase price to the original owner of the real estate.

Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 10 million as the down payment on June 16, 2016 from the victim, as well as KRW 133,472,00 as the remainder on June 27, 2016, from the Jeju Bank Account (F) under the name of the Jeju Bank Account (F).

Accordingly, the defendant deceivings the victim, thereby obtaining a total of KRW 143,472,00 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. An investigation report (victim C telephone conversations), an investigation report (person for reference E telephone conversations), an investigation report (person for reference G telephone conversations), an investigation report (person for accusation C telephone conversations), an investigation report (person for reference H telephone statement), an investigation report (person for reference) and an investigation report (person for reference I telephone statement).