A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 31, 2017, at the defendant's office located in Songpa-gu Seoul Metropolitan Government 2nd floor, the defendant made a false statement to the victim C, stating, "The defendant will be entitled to sell the E apartment and commercial building E apartment units that are newly constructed on the 15th parcel of land in Yongsan-si, and if he purchases E apartment units F that are shares in B, he will be entitled to sell the apartment units. The purchase price shall be KRW 80 million, but the down payment shall be KRW 30 million in preference to the down payment, and the remainder shall be paid KRW 50 million after the purchase price is made."

However, in fact, the defendant did not have the intention or ability to exercise the right to vicariously sell the E apartment and commercial buildings to the victim.

As such, the Defendant, by deceiving the victim, received a total of KRW 30 million from the victim to the account in the name of G (post office H) on June 1, 2017; KRW 5 million on June 3, 2017; KRW 9 million on June 4, 2017; KRW 10 million on June 5, 2017; and KRW 10 million on June 5, 2017; and KRW 30 million on June 4, 2017.

Summary of Evidence

1. Legal statement of witness C and G;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police concerning L;

1. The defendant introduced a letter of agreement and the statement of withdrawal of passbook entry to transfer 50 million won between the victim and G by transferring the right to sell in lots to the victim and G. The victim deposited 30 million won as stated in the facts charged. The victim did not pay the balance 20 million won to G and thus did not receive the right to sell in lots. Thus, the victim did not have the intent to deceive or defraud the victim.

However, the circumstances acknowledged based on the above macroscopic evidence, namely, ① The victim and G state that there was no agreement on the transfer of the right to sell in lots between the two parties, and G state that the defendant borrowed the account with bad credit standing and borrowed the account, and it is not received as the transfer price of the right to sell in lots.