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

On May 10, 2012, in order to purchase and sell land in the city B around 2012 as a whole housing complex, the Defendant tried to conduct the business after selling land in the Gyeongnam-gun, which was actually owned by another person under the name of another person to D and receiving the balance of 500 million won, etc., but D failed to pay any balance after completing the registration of ownership transfer of the said land, and thereby, proposed that D will be able to invest in the said business when D is short of funds.

Accordingly, the Defendant explained the feasibility of the project to the victim through the introduction of D around October 2012, and D, within six months, paid the victim a profit of 150% of the principal, and borrowed KRW 280 million from the victim to November 9, 2012, from October 29, 2012, to November 9, 2012, and then remitted KRW 260 million among them to the F corporation account to proceed with the project.

On November 2, 2012, the Defendant entered into a contract to purchase approximately KRW 3 billion, G, and six parcels, the owner of the land subject to the above project, from H, and as above, D paid KRW 60 million out of the money borrowed from the victim as the down payment, but he did not notify H of the fact that the said land is in progress at auction. On November 28, 2012, the Defendant filed a criminal complaint against H for fraud. On June 2013, 2013, H filed a civil suit against the Defendant, such as the confirmation of the existence of the obligation, and even if D did not pay any balance of the land in Seongbuk-gun, the Defendant did not have any intention or ability to repay the money from the victim because it was difficult to normally proceed with the above project on December 12, 2012.

Nevertheless, the Defendant called the victim on December 2012, and the G land project is normally being carried out, and D shall pay it to the victim.