A defendant shall be punished by imprisonment for not less than eight months.

An application for compensation by an applicant for compensation shall be dismissed.

Criminal facts

On November 12, 2007, the Defendant stated to the effect that “A victim C who wishes to live in a hotel coffee shop in Seongdong-gu Seoul, Seongdong-gu, Seoul, is constructing a new house on the land and its ground, and is also in charge of selling a house newly built on the land and its ground. Around November 12, 2007, the Defendant said to the effect that “I will transfer the ownership of a newly built house on the land and its ground if I would pay the remainder of KRW 120 million with a bank loan amounting to KRW 367 square meters on the land which is a housing site and KRW 40 and KRW 20 million on the housing area.”

However, in fact, the Defendant was merely a person who was awarded a subcontract for new construction of a house from the F who had been awarded a contract for the construction of a new house on the above land, so there was no substantial ownership of the above land and the above ground house. Since there was no fact that G or F was delegated by G or F on the sale of the above land and the above ground house, there was no intention or ability to sell the above land and the above ground house to the victim.

Nevertheless, the Defendant concluded a real estate sales contract for the above land and its ground in the victim’s seat, namely, the victim’s false statement, and received KRW 20 million from the victim as a down payment.

On December 2, 2007, the Defendant agreed to modify the contract with the victim by requesting the change of the subject-matter of the transaction to sell the above land and the above 441 square meters prior to H, 29 square meters prior to LI, 29 square meters prior to LI, 29 square meters prior to LI, 29 square meters, and the above ground.

However, the defendant did not have been delegated with respect to the changed land and housing on the ground as above.