A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The defendant is the actual operator of D Co., Ltd. located in Pakistan.

On November 201, the Defendant, at the above D’s office, carried out a city-type city residential housing and commercial building construction project (hereinafter “construction project in this case”) with the victim E as “F and three lots of land (hereinafter “instant land”) located outside the territory of the Republic of Korea.” On November 201, 201, the Defendant made a false statement to the victim E that he/she would receive the sale price for the instant building project and return it within six months if he/she paid the sale price for the said city-type residential housing and commercial building.

However, in fact, the land of this case was issued a decision of voluntary commencement of auction following the request by the Hansan Agricultural Cooperative Co., Ltd. (hereinafter referred to as the "Seoul AFF"), which was the owner of the neighboring mortgage around July 14, 201, and the defendant was not able to properly proceed with the sale business because there was no money to prevent any voluntary auction procedure because he bears approximately KRW 3 billion of debt without any special property at the time. The H land offered as security was not able to receive money from the victim under the pretext of the deposit for the performance of the sale as an agent for the victim because there was no value of collateral.

Nevertheless, on November 4, 201, the Defendant: (a) informed the victim, as above, and (b) received KRW 100,000,000 from the Defendant’s office located in Dongjak-gu Seoul Metropolitan Government as a security deposit for the performance of the sale by proxy at the above D office; and (c) around December 13, 201, the Defendant received KRW 50,000 from the J Law Firm Office located in Dongjak-gu Seoul Metropolitan Government as a security for business

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on sales agency contracts, certificates registered in each real estate, certificates of cash custody, certificates of process, and certificates of borrowing;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act on the suspension of execution (it shall be viewed in light of the amount of fraud in this case).