A defendant shall be punished by imprisonment for six months.

except that 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 power] On October 26, 2012, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for fraud at the Seoul Central District Court on June 26, 2012, and the said judgment became final and conclusive on November 3, 2012. On June 26, 2013, the same court was sentenced to a two-year suspended sentence of imprisonment with prison labor for the same crime, and the said judgment became final and conclusive on July 4, 2013.

【Criminal Facts】

The defendant is a person who actually operates a corporation B, which is a corporation for real estate trading.

In September 2009, the Defendant made a false statement to the victim D, who is a member of the sports marketing personnel, in the foregoing B office located in Gangnam-gu Seoul Building 108, on September 2, 2009, that “The Defendant purchased the forest land E with the wife population in Gyeonggi-do, and would sell the forest land with the size of 192 square meters in the area of “F” to 17.5 million won among the forest land. If the Defendant purchased the forest land for five years, he can obtain high profits, and if it has made an investment to the extent that he/she has made an investment, he/she will complete the registration of ownership transfer.”

However, on November 21, 2008, the Defendant purchased the above forest land owned by G with the price of KRW 79,62 million and paid only the down payment of KRW 20 million on February 15, 2009, the Defendant was notified of the cancellation of the sales contract by G around April 2009, and there was no intention or ability to complete the registration as agreed upon by the victim upon the transfer of ownership of the said forest land. Since the Defendant did not properly prepare the operating expenses for the company on April 21, 2009, such as raising the holding funds and raising the operating expenses, and failure to pay wages to the employees, it was difficult to pay the said forest land to G, and there was no intention or ability to complete the registration according to the agreement.

Nevertheless, as the defendant would transfer the ownership of forest land, he/she continued to deceiving the victim, and 9 million won from the victim around September 18, 2009, 1 million won around the 21st of the same month, 1.5 million won around the 29th of the same month, 6 million won around December 3, 2009, and 1.2 million won around January 10, 201, and 3 million won around the 14th of the same month.