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

Criminal facts

On March 3, 2007, the Defendant issued a false statement to the victim D on March 3, 2007 to the effect that “The land is owned by Incheon Young-do and Gangwon-do Bupyeong-do.” The purchase funds are required to purchase the land of Jeju E and seven parcels at home. If the money is lent, the Defendant would sell the land of the above Incheon Young-do and Gangwon-do Pyeongtaek, and repay the money.”

However, in fact, the defendant did not have any real estate owned in the Youngdo of Incheon and Gangwon-do, and even if he borrowed money from the victim, he did not have any intention or ability to pay the money.

As such, the Defendant, by deceiving the victim as such, obtained 20 million won from the victim on March 23, 2007, on or around March 30, 2007, 25 million won on or around March 30, 2007, 10 million won on or around April 2, 2007, and 110 million won on or around May 14, 2007, and acquired 165 million won in total.

Summary of Evidence

1. 증인 D에 대한 증인신문조서(피고인이 ‘인천 영종도에 땅을 내놨으니까 팔리면 돈이 나온다’고 말했다는 진술 포함) 증인 F에 대한 증인신문조서 중 일부(피고인과 F이 단둘이 내려가 이 사건 땅을 보았고 피고인이 마음에 들어해서 계약을 하게 된 것이라는 취지의 진술)

1. Sound recording files for examination of the witness G with respect to the witness G (a statement that he/she has received any intermediate payment and balance from the defendant);

1. A complaint (including a statement that the defendant filed an application for compulsory execution because he/she does not inform the defendant of the number of the plane and land in Gangwon-do and he/she has known the number of the land);

1. Four copies of cash teas, and a copy of notarial deed;

1. Notice of real estate auction cases, and application of Acts and subordinate statutes of dividend table;

1. The reason for sentencing of Article 347 (1) of the Criminal Code of the pertinent Article of the Act on the Punishment of Criminal Crimes [the scope of recommending punishment] When the victim is fully responsible for the expansion of damage to the victim by types 2 (not less than KRW 100 million, not more than KRW 500 million, and less than KRW 500 million).