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

Of the facts charged in the instant case, the fraud regarding G is acquitted.

Punishment of the crime

On March 19, 2006, while the Defendant: (a) borrowed KRW 300 million from I as security the forest land and sold it again; and (b) set up a provisional registration of the right to claim ownership transfer; (c) as the construction cost, etc. was insufficient for the development of the forest and fields, the Defendant did not pay the proceeds by deceiving the purchaser of the land.

1. On December 18, 2007, the Defendant: (a) concluded a sales contract with the victims on the land located in the Ma Licensed Real Estate Agent Office located in Gwangjin-gu Seoul Special Metropolitan City (Seoul), and concluded a sales contract with the victims on the land located in Gyeonggi-gu N, Gyeonggi-gu, with the victims on the false statement that “the victims would have cancelled the provisional registration and the registration of superficies established on the land in Jeju-do, which has made the payment to the middle amount; and (b) was delivered from the victims as the down payment, KRW 8 million as the down payment, and KRW 44 million as the intermediate payment around January 3, 2008.

In fact, at the time of December 19, 2006, the Defendant borrowed KRW 300 million from I, who is the person entitled to provisional registration established in the above forest and field as of December 19, 2006, and agreed to pay 300 million won interest per month within 3% of the monthly interest. However, there was no intention or ability to cancel provisional registration, etc. established in the above forest and field even if the purchase price was paid from the victims because there was no financial circumstance to fully repay principal

Accordingly, the defendant was given a total of KRW 52 million by deceiving the victims.

2. The Defendant: (a) concluded a sales contract with the victim on a 1562 square meters of forest land located in Gyeonggi-gu P, Gyeonggi-do P, with the same date and place as prescribed in paragraph (1); (b) concluded a sales contract with the victim on a 1562 square meters of forest land located in Gyeonggi-gu P; and (c) received each payment of KRW 37 million as the intermediate payment on January 3, 2008; and (d) received KRW 12.8 million as the intermediate payment under the same method as prescribed in paragraph (1).

In this respect, the defendant deceivings the victim.