A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

On October 2015, the Defendant called the victim C to sell the E and above ground buildings stores and housing owned by the Defendant’s spouse at KRW 600 million in the purchase price, by phoneing to the victim C in the middle of 2015.

However, the Defendant did not have any limit to sell the above real estate to the victim. The Defendant did not have the right to sell the above real estate with D’s consent or consent with respect to the sale of the above real estate, and did not have the right to sell the above real estate at all. During the construction of Dong Young-si F’s loan, the Defendant would have caused a dispute over KRW 160 million and returned the deposit amount of KRW 70 million to the purchaser of the above house.

In the situation where the sale price should be received from the injured party and used as the above debt repayment and living expenses, etc., and there was no intention or ability to sell the above real estate to the injured party.

Nevertheless, on October 21, 2015, the Defendant: (a) by deceiving the victim as above; (b) obtained 60 million won from the victim as a check for down payment on December 21, 2015; (c) KRW 20 million from the Saemaul Treasury’s account in his/her name as the first intermediate payment on December 29, 2015; (d) KRW 120 million from the said Saemaul Treasury’s account as the second intermediate payment on December 31, 2015; and (e) obtained 120 million from the said Saemaul Treasury’s account as the third intermediate payment on January 29, 2016; and (e) acquired 120 million from the said Saemaul Treasury’s account as the third intermediate payment on January 29, 2016.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the suspect of the defendant or D by the prosecution;

1. Each police statement protocol with respect to G and C;

1. A written complaint (including attached real estate transaction contract, a certified copy of real estate register, a detailed statement of deposit transactions, and a deposit receipt of passbook);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The basic area (1 to 4 years) of types 2 (at least KRW 100,000, less than KRW 500,000) shall be the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court.