A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 24, 2019, the Defendant: (a) in the C office in Gangnam-gu, Seoul, and 6, the Defendant concluded a land sales contract with the effect that “I will sell at a price lower than 20 square meters out of F’s land created by the next G Station, and will sell at a price lower than that of F’s land that will be the station area of the company,” as if the land was the same as that of the Defendant’s living in Pyeongtaek-si to the victim D; and (b) entered into a land sales contract with the purport that “I will sell at a price lower than that of F’s land created by the next G Station and will be the director of the company.”

However, in fact, the Defendant concluded a contract to purchase the above land with the “agricultural partnership H” which is the owner of the above land, but did not pay the balance of 420 million won to be paid until December 1, 2018, for at least two months, and the above land does not fall under the name of F. The Defendant did not have the capacity to transfer the above land ownership to the victim even if the Defendant received the money from the victim due to the lack of employees’ benefits, rents, etc. due to the management difficulties in the Co., Ltd. operated by the Defendant.

On January 24, 2019, the Defendant received KRW 500,000 from the victim to the I Bank account in the name of the International Bank Co., Ltd. (J) and KRW 45 million from February 25, 2019, and received KRW 50,000,000 from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement of the police statement concerning D's legal statement of the defendant;

1. Application of Acts and subordinate statutes on filing a complaint, a contract for land sales, a specification of transactions, a certificate of registered matters, and a Kakao Stockholm conversation;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. The scope of recommendations according to the sentencing criteria (the determination of types) shall be the fraud crime;