A defendant shall be punished by imprisonment for one year.

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

Around October 21, 2016, the Defendant, at the office C located in Pakistan-si, concluded that “The Defendant would purchase KRW 1972,000,000,000 for E forest land E at the time of the strike-si, but the down payment is insufficient. However, if the Defendant borrowed KRW 150,000,000 to B, the Defendant would repay KRW 150,000,000 until February 20, 2017. If the Defendant fails to repay it, the Defendant would transfer KRW 200,000 out of the said forest land.”

However, at the time, the Defendant was in bad credit standing and was unable to transfer the ownership of the forest in his own name and was unable to prepare the above purchase price for the forest by itself due to the lack of any particular property. Based on the procedures for granting permission, such as development activities of the forest in question and permission for conversion of mountainous district, the Defendant was thought to prepare the purchase price by obtaining a loan from a financial institution with the consent of the LAF, which is the owner of the said forest, but there was no fact that the procedures related thereto had been conducted at all, and thus, the Defendant did not have any intent or ability to transfer the above 200 square meters to the victim if he did not repay or fail to repay it by the due date.

around October 21, 2016, the Defendant received KRW 150 million from the victim to the Agricultural Cooperative (G) account under one’s name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint;

1. Application of Acts and subordinate statutes on deposit certificates;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types]: General Fraud [Type 2] and above KRW 100,000, and below KRW 500,000 (specially punished persons] mitigated factors: In cases where punishment is not granted or significant damage has been recovered (the area of recommendation and the scope of recommended punishment] mitigated areas, and ten months through two years and six months;

3. Sentence;