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

Punishment of the crime

Around April 2, 2012, the Defendant knew that the victim C was financially difficult at the expense of interest on the agricultural loans secured by D and E, and concluded a false statement with the victim’s “I will undertake construction work with the authorization and permission granted in accordance with the construction of a multi-family housing, if I will receive the down payment by July 31, 2012.”

However, the Defendant had no intention or ability to construct a apartment house on the above land, such as paying down payment, etc., by lending money to I as security for the land transferred to the Defendant.

Ultimately, on April 3, 2012, the Defendant, by deceiving the victim, acquired the ownership of the above land under the name of H, and did not pay any balance of KRW 184.5 million (650 million - the sale price of KRW 137.5 million - the sale price of KRW 137.5 million - the succeeded loan amount of KRW 328 billion), thereby acquiring property benefits equivalent to the said amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness J;

1. Statement to J police officers;

1. On April 3, 2012, the defendant and defense counsel of the head of the Tong in charge of a real estate sales contract, a full certificate of the matters to be registered (Chposi), a full certificate of the registered matters (Chposi) and a full certificate of the registered matters (Chposi Si E), each joint and several surety, a detailed statement of transaction in each passbook, an investigation report (LHH Youngnam area) and the statement of the head of the Tong in charge of a dispute settlement concerning the instant land, concluded a sales contract with the victim on April 3, 2012, and did not pay a balance

However, each of the above evidence in the ruling.