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

Punishment of the crime

1. Fraud;

A. On April 27, 2016, the Defendant decided to purchase the victim D’s land of KRW 41,721 square meters in aggregate of the area of 7 lots outside Gyeonggi-gun C and 7 lots in the E farming association corporation run inside and outside the city, from F, a landowner, KRW 1.2 billion.

In order to develop and sell the said land as a house site for electric power generation, it was false to the effect that the project fund is urgently required, and that the sale of the said land at KRW 486 square meters, which is KRW 25 million, to KRW 15 million, among the said land, is the priority down payment.

However, the Defendant did not have to purchase the above C and seven parcels of land from the owner F. Since there was no authority over the above land, there was no intention or ability to transfer the ownership of the above C and the above C were transferred to the victim even if he received the purchase amount from the victim.

Around April 27, 2016, the Defendant, by deceiving the victim, received KRW 15 million from the victim, to the Agricultural Cooperative Account (H) in the name of the Defendant’s management company G (H) from the victim, and acquired it by fraud.

B. On September 24, 2016, the Defendant changed the land to be developed as a residential site for electric power resources from the “J-affiliated broker” office of the victim’s “J-affiliated broker” office located in Seoul Special Metropolitan City, Nowon-gu I commercial building 102 to the Gyeonggi-gu L/W and six parcels.

Of the above land, L 909 square meters will be sold in KRW 45 million.

A defect that has already been paid the down payment of KRW 15 million and KRW 5 million that has not been repaid prior to the transfer of the title to C is paid as the down payment to the said L. An additional payment of KRW 15 million will be registered until September 26, 2016.

The remaining 10 million won was false to the effect that it should only be paid until May 31, 2017.

However, in fact, the Defendant decided to purchase the above land in KRW 450 million around June 16, 2016 from M, the owner of the above L, and six parcels, but paid KRW 30 million as down payment.