A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

D and E, as a partnership business, intended to develop tin acid with permission to collect earth and stones on tin acids located in the Jeonbuk-gun, H, etc., through a limited liability company F (Representative G), through which the two parties conflict with the defendant on July 25, 2009, in order to develop tin acids, D purchased land in the J as owned by I and paid I 50 million won (D20 million won, Defendant 30 million won, and Defendant 30 million won) as contract deposit. A around June 15, 2010, a corporation name was established as a juristic person (representative A) and the name of the juristic person was as F with the same limited liability company as the above company in order to use land use consent, etc. which was obtained under the name of the above company.

However, as D was hospitalized in the hospital, the defendant had the mind to sell the above land and corporation to the victim K in order to recover his investment money.

On June 2010, the Defendant concluded a false statement that “Around the end of Gangnam-gu Seoul, the Defendant purchased the shares in the corporation and the land adjacent to the access road in order to prepare for the development of tin acid and purchased the shares in the corporation and the land adjacent to the access road in order to carry out other projects. There is no civil petition because the Defendant obtained the consent of the use of the neighboring land of tinsan access road.”

However, in fact, consent to use neighboring land of access road was obtained by GF, the representative director.

Nevertheless, the Defendant, from the victim, acquired the Defendant’s share acquisition price and the purchase price for land in the name of the Defendant against the limited liability company F, which is the representative director, in total of KRW 75 million including KRW 10 million on September 20, 2010 and KRW 65 million on October 8, 2010, by transfer from the victim to the national bank account in the name of the Defendant.

Summary of Evidence

1. Each legal statement of witness K and M;

1. Partial statement of the defendant;

1. Statement of the prosecution of the accused to the prosecution (including the replacement part of K);

1. Statement made by prosecution against M;

1.Each.