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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal records] On June 14, 2012, the Defendant was sentenced to the suspension of the execution of six months of imprisonment for fraud at the Suwon Giwon, and the judgment became final and conclusive on June 22, 2012.
[2] The Defendant, on October 5, 201, entered into a contract with the real estate development business entity and the Defendant to purchase the land E 7,509 square meters (hereinafter “the forest of this case”) from Yong-gu, Young-gu, Young-si, the Defendant conspired with H to acquire money under the name of the purchase price by deceiving the victim as if the Defendant was the owner of the forest of this case and was the owner of the forest of this case and to sell part of the forest of this case to the victim as if he would sell part of the forest of this case.
Pursuant to the above public offering, H made a call to the victim on November 201, 201 and sent it to the victim, “The price was 400 million Won.” The purchase price was 200 million won, and the Defendant would bear one half of the purchase price.” On December 19, 2011, at the real estate development business office operated by the Defendant in the real estate development business office located in G in G in Geongsung-gu, Gyeonggi-do, the location of which was 1,322 square meters, “A” in the seller’s column, and “A” and “I” in the buyer column to deliver to the victim a written contract in which the victim transfers the purchase price of KRW 200 million and then deliver part of 1,322 square meters out of the forest of this case to the victim.
However, the fact was that the owner of the instant forest was F at the time, and F did not agree to sell part of the instant forest to the victim. Since F made full payment of the purchase price of the instant forest, and did not have the intent or ability to acquire ownership by receiving such payment, the Defendant did not have any intention or ability to deliver part of the instant forest land to the victim even upon receiving the transfer of the purchase price from the victim.
Nevertheless, the Defendant conspired with H to the foregoing.