A defendant shall be punished by imprisonment for one year.

Punishment of the crime

Around March 2008, the Defendant issued a false statement to the victim D, “A person who is under a factory in the town zone, and the factory site is expropriated and transferred. I would like to purchase the land at the time of a change of land category by finding an appropriate land inside, and then would purchase the land at the time of a change of land category. I would like to jointly purchase the land at approximately 500 square meters prior to C at the time of a strike owned by E (hereinafter “instant land”). After obtaining permission as a factory site, I would like to invest in the land to return to the remaining interest.”

However, even if the Defendant received the money from the victim with the purchase fund of the instant land, he did not have the intent or ability to obtain the land category change as a factory site by jointly purchasing the instant land, and rather, the Defendant thought that he would use the money received from the victim for the housing construction cost contracted from E in the vicinity of the instant land

Nevertheless, the Defendant received a total of KRW 140 million on three occasions, such as deceiving the victim as above and receiving KRW 10 million on July 8, 2008, KRW 20 million on January 15, 2009, KRW 20 million on May 29, 2009, and KRW 20 million on May 29, 2009 from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused prepared by the public prosecutor;

1. Each legal statement of witness F and D;

1. A written notice, transfer certificate, record, full certificate of registered matters, and a detailed statement of construction cost;

1. Application of Acts and subordinate statutes to investigation reports (Submission of documents, such as house construction permit);

1. Determination on the assertion of the defendant and his/her defense counsel under relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts

1. The alleged defendant and his defense counsel had a legitimate right to the land of this case, and the person who had been engaged in the business to change the land category, but intended to buy a factory site was changed, and it was difficult to spread to the real estate market.