A defendant shall be punished by imprisonment for not more than ten 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

[criminal record] On August 11, 2017, the Defendant was sentenced to a suspended sentence of two years in October due to a violation of the Waste Management Act in the resident support of the Daegu District Court. The above judgment became final and conclusive on March 7, 2018.

[2] On June 24, 2016, the Defendant should have access roads to operate an industrial company in the area of 1,534 square meters in E forest land at the time of residence to the victim D who intends to purchase a site for industrial company in the C Official Brokerage Office located in B, which is located in the Gu.

As the inside of the country operates F in its name, it is possible to understand the access road construction work and permit the factory permission.

The term “the purchase price of KRW 88 million was entered into a contract for the sale of the said site,” and on November 11, 2016, entered into a contract for construction and design services relating to the construction of access roads to the said site.

However, in fact, in order to execute the access road construction of the above site, the permission to occupy and use the ditches attached to the above site is obtained, but it is not possible to permit the occupation and use of the ditches for the access road construction of the above site, and the defendant did not have the intent or ability to obtain the permission to construct the access road or to obtain the permission to construct

The Defendant received KRW 60 million from the injured party as the down payment, namely, from the third party, as the down payment. On June 29, 2016, the Defendant received KRW 28 million as the check for the remainder payment, and on November 11, 2016, transferred KRW 6 million as the down payment for construction and design service contracts related to the opening of access roads through the Agricultural Bank Account in the name of G (Account Number H) in the name of the Defendant.

Accordingly, the defendant, by deceiving the victim, obtained a total of KRW 94 million through three times and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement made to the defendant in the fourth prosecutor's office during the interrogation of the suspect, or the statement made to the prosecutor's office against D;

1. Each police statement made to D, I, and J;

1. A copy of the real estate sale contract, a copy of receipt, a copy of the contract for construction and design services, and a copy of each written estimate;