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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 17, 2014, the Defendant presented a real estate sales contract concluded between the Plaintiff L and the Defendant, the owner of the land located in the above K and the Defendant, on the following grounds: (a) on the street in front of the Hongcheon-gun, Hongcheon-gun, the Defendant: (b) on June 17, 2014, the victim J, stating to the effect that “the purchase of the land of the Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, and the said land has been blind; and (c) if the payment of KRW 60 million is made, it would be possible to purchase the land and use it as the access road.”

However, in fact, the Defendant did not conclude a sales contract for the pertinent access road with the said LL, and the said real estate sales contract was also a false contract, and even if the Defendant received money from the victim as the price for the access road, there was no plan to use it for personal use, etc., and there was no plan to purchase the land corresponding to the access

As such, the Defendant, by deceiving the victim, received KRW 30 million from the victim’s place of residence, and received KRW 30 million in total over two occasions on August 5, 2014, by receiving KRW 30 million from the NongHyup account in M&A.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to J;

1. Application of Acts and subordinate statutes to each real estate sales contract, copy thereof, and specification of transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of recommending punishment according to the sentencing guidelines [type of crime] which is less than KRW 100 million (special mitigation factors] which is not subject to punishment (the scope of sentencing and sentence for recommendations] shall be sentenced to imprisonment for one month through one year;

2. Although the Defendant has been punished for the same kind of crime several times, there are unfavorable circumstances, such as the fact that he/she has a considerable amount of money obtained by deception, the Defendant has committed the instant crime.