A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On January 10, 2008, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Incheon District Court, and completed the execution of the sentence on July 14, 2008. On August 12, 2015, the Incheon District Court sentenced two years of suspended execution to six months of imprisonment for a crime of fraud, and the judgment became final and conclusive on August 20, 2015.

On May 4, 2011, at the D real estate office located in Gyeonggi-si Kimpo-si, Gyeonggi-si, the Defendant: (a) carried out as if he was the owner of the forest E 16,002 square meters in Incheon-gun; and (b) concluded a sales contract with the victim F to the effect that “If it is possible to sell a road to a third party by opening a road within the 661.16 square meters in the above forest, the Defendant would sell the road at KRW 70,000,000 to the third party”; and (c) concluded a sales contract with the content that sold the road for KRW 661.16 square meters in the above forest 661.16 square meters.

However, in fact, the above woodland was owned by G, not by the defendant, and the defendant did not have concluded a formal sale and purchase contract with G to purchase the above woodland, and he would purchase the above woodland in KRW 95 million to G's agent H.

After making an oral promise, the remaining amount of KRW 10 million was paid, but even if the injured party has no intention or ability to pay KRW 895 million, and received KRW 70 million from the injured party, there was no intention or ability to transfer ownership of KRW 661.16 square meters out of the above forests.

Nevertheless, the defendant deceivings the victim as above and is therefore affiliated with the victim to the account of the I bank account of May 6, 201 with the I bank account of May 6, 201, and the same year.

5. 30.5 million won, and the same year.

5. The 31.1.1.0 million won was remitted and the total of 70 million won was acquired through fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Application of the statutes on real estate sale contract;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, but the reason for sentencing of Article 39(1) is a crime of fraud.