A defendant shall be punished by imprisonment for not more than ten months.

except that 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

[criminal power] On August 13, 2009, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Seoul Central District Court on October 21, 2009, and the judgment became final and conclusive on August 21, 2009. On January 24, 2013, the Seoul Central District Court sentenced two years of suspension of execution to ten months of imprisonment with prison labor for fraud, and the judgment became final and conclusive on February 1, 2013.

【Criminal Facts】

On August 21, 2007, the Defendant introduced the “D Licensed Real Estate Agent’s Office” operated by the Defendant in Gyeonggi-gun C on August 21, 2007, to the victim E and the victim F about approximately 2,60 square meters of Gyeonggi-gun G, H forest, and about 1 forest land, and recommended the purchase thereof, and stated that “The authorization and permission is expected to be all expected to enable the Plaintiff to have the entire forest land located. The land division and access road construction will be completed until the remainder of the purchase price payment date. The Corporation will pay the balance as soon as possible.”

However, on the land utilization plan, most of the above forests could not be used as a preserved green belt, and there was no authorization or permission to change the purpose of use. At the time, the Defendant was unable to pay the purchase price to J, a part of the above forests, and to register the ownership of the above forests to the victims because there was no other self-sufficiency than the nominal amount of the purchase price to be received from the victims. At the time, the Defendant did not have the intent or ability to conduct land division and access

On August 21, 2007, the Defendant: (a) induced victims; (b) concluded a contract with the victims to sell the said forest land to the victims on August 21, 2007; (c) received KRW 20 million in the name of contract deposit from the victims during the same day; and (d) received KRW 150 million in total from the victims on August 30, 2007 as part of the intermediate payment and remainder payment of the purchase price, and received KRW 170 million in the name of the victims.

Summary of Evidence

(1).