A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. On February 6, 2012, the Defendant: (a) concluded on February 6, 2012, at the Licensed Real Estate Agent Office operated by the Victim C in Ansan-gu, Ansan-si, Ansan-si, that “The Defendant would have to purchase the real estate in Gyeonggi-si, Gwangju-si, with an intention to purchase the real estate in 3.4 billion won; and (b) first, the Defendant would have to repay the real estate within one month, as the provisional contract amount is required, if it is lent KRW 3 million.”

However, even if the Defendant borrowed money from the victim due to the lack of the fact that the Defendant intended to purchase the above real estate, it was necessary to pay money to the victim for living expenses in the absence of the intent or ability to use it as a provisional contract.

Ultimately, the Defendant, as such, by deceiving the victim, received a transfer of KRW 3 million from the victim on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. On February 12, 2012, the Defendant: (a) at the office of the said licensed real estate agent on February 12, 2012, the Defendant: (b) stated that “The Defendant shall enter into a provisional contract only with the real estate located in Gyeonggi-si, Gwangju-si; (c) there is insufficient down payment of KRW 50 million; and (d) if the Defendant borrowed KRW 50 million, the Defendant would repay the money by lending this land as security.”

However, even if the Defendant borrowed money from the victim due to the lack of the fact that the Defendant intended to purchase the above real estate as stated in the preceding paragraph, it was necessary to pay money to the victim for personal debt repayment, etc., even though he did not have the intent or ability to use it as the down payment.

Ultimately, the Defendant, as such, by deceiving the victim, received a remittance from the victim of the amount of KRW 50 million on the 14th of the same month.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;