A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On August 209, the Defendant, who operated planning real estate under the trade name called “D (hereinafter “D”) of the second floor 209 of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government C building, concluded a sales contract to purchase the land located in the area F of the wife population in Gyeonggi-si, Gyeonggi-do (hereinafter “F land”) owned by E for KRW 1.4 billion. In short, the Defendant, without any intention or ability to impair the registration of ownership transfer, intended to receive the land price from the purchaser of the land in this case without receiving the land price from the purchaser of the land in this case.

1. On October 14, 2009, the Defendant made a false statement to the victim G at the above D office to the effect that “The Defendant would complete the registration of ownership transfer by dividing land into land until February 2010, at the latest, until February 2010, because it is anticipated that the land in the wife F is expected to be developed in the future at the time of Gyeonggi-si, and investment gains are high.”

However, at the time, the Defendant paid only 140 million won as down payment out of the land price to E, and paid the remainder of 1.2 billion won or more to E, and did not have the ability to transfer ownership from E, and thus, the Defendant was in arrears with the monthly salary of employees up to about 30 persons due to very difficult financial situation. Therefore, even if the Defendant was paid the land price from the victim, he did not have the intent or ability to divide the F land into the part of the victim to register the ownership transfer, and instead, he was able to spend the land price received from the victim in office operating expenses, employee monthly pay, etc.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 10 million as the down payment on October 15, 2009 from the victim, and KRW 90 million as the remainder payment on October 23, 2009, respectively.

2. The Defendant around December 2, 2009, at the same place as in the preceding paragraph, and in the same manner as in the preceding paragraph, 200 square meters out of the F land to the victim G.