A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On June 22, 2011, the Defendant had been sentenced to two years of suspension of the execution on August 17, 2012 by the Chuncheon District Court on June 22, 201, and the judgment was finalized on August 17, 2012. On January 18, 2012, the Seoul Central District Court sentenced two years of suspension of the execution of imprisonment with prison labor for the crime of forging private documents, etc. on January 26, 2012, and was now under suspension of the execution.

Criminal facts

From April 10, 209 to July 8, 2010, the Defendant served as a brokerage assistant at the office of the Gangwon-gun Real Estate Agent C Licensed Real Estate Agent, and the victim D purchased the land located in Gangseo-gun E from the brokerage around October 13, 2009, and was faced with the intermediate payment and the balance payment date. On April 8, 2010, the victim F requested the Defendant to sell approximately KRW 150,000 in total, including Hongcheon-gun G, the owner of the land, around April 8, 2010.

1. Crimes against victims D;

A. On November 18, 2009, the Defendant borrowed 10 million won from the non-permanent certified judicial scrivener office located in Pyeongtaek Changwon-gun, by telephone, to the victim’s money paid as part payment because he/she was immediately used, and provided that if so, he/she would have to fully repaid on November 20, 2009, the date for the payment of part payments.

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received 10 million won from the victim to the agricultural bank account of the Defendant on the same day and acquired it by deceiving the victim.

B. The Defendant, around November 20, 2009, intended to pay the intermediate payment and the remainder of the land E located in Pyeongtaek-gun in the office of the above licensed real estate agent C in a lump sum, the Defendant paid the remainder to the victim for about two months. If the remainder payment remains for the period of two months, the Defendant borrowed KRW 40 million as the purchase price is insufficient for the purchase of the land H in Changwon-gun in Gangwon-gun. If the purchase price is insufficient, the land equivalent to KRW 10 million for the interest purpose is purchased.