A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On March 4, 2010, the Defendant entered into a sales contract with the victim B to sell the right to occupy commercial buildings (six square meters) within the district to the victim B at the office of a real estate broker in the name-free real estate located in Pungsan-dong, Chungcheongnam-do.

However, in fact, the defendant had already sold the above shopping mall to D and received the price of KRW 30 million, so even if he received the price from the injured party, he did not have the intent or ability to transfer the right to occupy the shopping mall to the injured party.

The Defendant, as seen above, by deceiving the victim, received a total of KRW 28 million from the victim, including KRW 3 million around March 4, 2010, KRW 25 million around March 9, 2010, and KRW 28 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A copy of a real estate transaction contract;

1. Each receipt; and

1. Application of investigation reports ( telephone conversations with F departments of the South Korea Land and Housing Corporation)-related Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The crime of this case on the ground of the sentencing of the alternative sentence of imprisonment with prison labor is a situation unfavorable to the defendant, even though the defendant did not have the intent or ability to transfer the right to occupy a commercial building to the victim, by deceiving the victim in sum. In light of the content of the crime and the method of the crime, the nature of the crime and the method of the crime are very heavy, and the amount of damage caused by the crime of this case is equivalent to the amount of damage caused by the crime of this case, and there has

On the other hand, the fact that the defendant reflects his mistake, that the defendant makes efforts to recover damage, and that there is no record of punishment exceeding the fine, etc. are favorable to the defendant.

In addition to the above various circumstances favorable to or unfavorable to the defendant, various sentencing, intelligence and environment of the defendant, motive, means and consequence of the crime, etc., as shown in the arguments of this case, such as age, sex, intelligence and environment, motive, means and consequence of the crime.