A defendant shall be punished by imprisonment for two years.

Punishment of the crime

From April 2014 to July 2014, the Defendant is a person who has operated one life planning real estate company with the trade name of “D Co., Ltd.” on the third floor of the building located in Busan Dong-gu, Busan.

The Defendant, while operating the said company, recommended the purchase of forest E (hereinafter “instant land”) from unspecified customers in Gyeong-dong-gun, Chungcheongnam-gun, Gyeongnam-gun, to acquire the purchase price by receiving the purchase price.

1. On April 2014, the Defendant sold 100 square meters of the instant land to the victim at the above office around the end of April, 2014, the Defendant falsely concluded through G, an employee, that “A fine is imposed to the subordinate-gun I located in the Heung-dong, Chungcheongnam-dong, Seoul, which is located in the H, and is likely to be future. If the purchase price is paid in full on the part of the company, land division work will be carried out and the registration of ownership transfer will be carried out immediately.”

However, the Defendant was unable to secure ownership due to the failure to pay the balance to J, the landowner of the instant case, and the Defendant thought that most of them would be consumed for the purpose of paying office wages, operating expenses, personal debt repayment, etc. when receiving the sales amount from the victim. Therefore, even if the Defendant received money from the victim, he did not have the intent or ability to transfer the ownership of the instant land.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 59,780,000 from the victim as the purchase price for land on April 29, 2014, KRW 5,000,000 on May 9, 2014, and KRW 10,000,000 on May 20, 2014, and KRW 59,780,000 on June 24, 2014.

2. On April 21, 2014, the Defendant sold 50 square meters of the instant land to the victim at the above office around April 21, 2014, through G, an employee, who is an employee, that is, the Defendant is fine for the Defendant’s crime against the Victim L, and the Defendant is fine for the Ha-dong I located in the lower office located in the Ha-dong, Chungcheongnam-do

When the company pays the purchase price in full, it will immediately register the transfer of ownership by dividing land.