A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On October 2015, the Defendant stated that “In the office of the victim C in Gyeonggi-si, the Defendant purchased the land of the regional housing association at D in Gyeonggi-si, the Gyeonggi-si, E Co., Ltd. purchased the land of D in Gyeonggi-si, and E Co., Ltd. entered into a sales contract by inserting cash of KRW 5.2 billion, and KRW 130 million of the project cost, as if the Defendant were to operate the business and divide the profits into KRW 7.3.”

However, the Defendant was merely taking over the business rights from E, and the E was not an affiliate of the Defendant, and the Defendant was uncertain whether to acquire the business rights from E, because it did not pay the contract deposit for business rights to E, and the Defendant did not have any money invested in connection with the above business, and the E, as well as the E, did not pay the intermediate payment and the balance after purchasing the land from the owners, and thus was uncertain whether to purchase the land in the above region. Since the Defendant was willing to use the personal business expenses received from the victimized party as repayment and living expenses, even if receiving the project expenses from the victimized party, he did not have any intent or ability to distribute the profits to the victim by continuing the local housing business.

The Defendant, as such, made a false statement to the victim and received a total of KRW 42 million from the victim’s account in the name of the Defendant, including KRW 30 million on December 10, 2015, KRW 7 million on January 7, 2016, and KRW 5 million on February 5, 2016.

As a result, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police against C;

1. An agreement on joint projects;

1. Current status of land registration;

1. A certificate of confirmation;

1. The contract for acquisition of the business right;