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

Punishment of the crime

On March 25, 2013, the Defendant: (a) sold the amount equivalent to KRW 200,000 from KRW 20,000 to KRW 200,00,000, which is the owner of the forest and fields in Gangwon-gun K; and (b) entered into a contract with L’s agent M, the owner of the forest and fields in Gangwon-gun, which is located in Gangwon-gun, to pay an amount exceeding KRW 40,000,00 within ten (10) days from the date of entering into the contract.

In the same day, the Defendant displayed the above tree sales contract to the victim N, and entered into a sales contract with the victim N, stating that he/she purchases pine trees from mountain owners who want to transplant pine trees in the above forest. He/she sells pine trees at low prices. On the same day, the Defendant sold KRW 150 per purchase price of KRW 180,000,000, and the down payment is KRW 20,000,000, and the intermediate payment is paid in proportion to the volume of pine trees extracted from June 10, 2013 to June 13, 2013, and the remainder is paid five days after the removal of pine trees.

However, in fact, the Defendant, as a bad credit holder, could not maintain the validity of the tree sales contract concluded with the said L without paying the down payment to the said L, as well as at the time, he was liable for the Defendant’s debt amounting to KRW 30,000,000, and he did not receive money from the victim as the purchase price for pine trees and did not pay it to the said L, and there was no intention or ability to allow the victim to mine out the pine trees purchased even if he was paid the purchase price for pine trees from the victim.

As above, the Defendant deceivings the victim as above, and up to May 27, 2013, as the purchase price for pine trees from the victim, KRW 2,000,000, around May 30, 2013, KRW 3,000,000 around May 30, 2013, and KRW 15,000 around May 31, 2013.