The defendant shall be exempted from punishment.

Punishment of the crime

1. On October 11, 2012, Defendant A was sentenced to ten years of imprisonment for a crime of fraud at the Seoul Central District Court, and the judgment became final and conclusive on December 27, 2012.

2. The Defendant A is a person who actually runs the above companies as the chairperson by establishing the Company D (hereinafter “D”), E (hereinafter “E”), F (hereinafter “F”), and G (hereinafter “G”), a planning real estate business entity, respectively.

On August 11, 2010, the Defendant made a false statement to the effect that “The Defendant would sell 1,057 square meters of K forest in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun through I, a business employee of the said company, at the F office located in Gangnam-gu Seoul, Seoul, to the victim J. The Defendant would transfer the registration of transfer by August 12, 2010.”

However, the above company, at the time, operated by the defendant, sold the above real estate to the owner of the above company without paying any balance after paying only the down payment to the owner of the above company. The purchaser did not have the ability to mobilize other funds than the purchase price deposited by the purchaser. In addition, even if the F Company's funds were paid from the police officer on 2008 because the F Company's funds were difficult, there was no intention or ability to register the ownership of the above real estate to the victim

As a result, the Defendant, by deceiving the victim as such, received a transfer of KRW 208,229,00 from the victim’s national bank account (Account Number: M).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. A complaint;

1. A sales contract for each land, a statement of performance, a certificate of contents, a detailed statement of transaction by account, a receipt, a copy of a deposit passbook, and a certificate for all the registered matters;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (precluding the previous disposition, report on results of confirmation, and attachment of criminal suspects and concurrent crimes);

1. Criminal facts;