A defendant shall be punished by imprisonment for six months.

Punishment of the crime

피고인은 2015. 5. 초경 김포시 B 2 층에 있는 피고인 운영의 C 조합법인 사무실에서 피해자 D에게 매매대금을 임의로 4억 8,600만 원( 계약금과 중도금 각 5,000만 원 )으로 기재하여 작성한 부동산 매매 계약서 사본을 보여주면서 “ 내가 인천 강화군 E에 땅을 4억 8,600만 원에 사 놨는데 중도금 5,000만 원이 없어 지급을 하지 못하고 있다.

In order to make an investment of the intermediate payment of KRW 50 million, half of the proceeds from the sale will be paid after constructing a new factory at this place.

“The phrase “ was false.”

However, at the time, the Defendant entered into a contract by setting the purchase amount of KRW 35 million with respect to F and G land in Incheon Strengthening-gun, and paid the down payment of KRW 10 million on April 2, 2015, and did not pay the intermediate payment of KRW 20 million until May 12, 2015, which is the date of the intermediate payment payment. In addition, it was not known whether additional loans could be granted because the collateral security was already established on the said real estate, and even if the said real estate was already paid KRW 213 million to the injured party due to the absence of any particular cash asset, the Defendant did not have the intent or ability to pay the remainder of the investment and earnings as promised by newly constructing the factory, and even if the said real estate was already paid KRW 50 million,000,000,000 to the injured party, the said contract was rescinded.

There was no intention or ability to return KRW 50 million delivered to the victim.

Nevertheless, the defendant had been operated by the defendant around May 22, 2015 from the victim by deceiving the victim as above.

C It received money of KRW 50 million from the H bank account in the name of the partnership corporation to be remitted to the H bank account in the name of the partnership corporation.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning D's statement concerning the suspect in the police interrogation protocol (two times, replacement of the defendant)

1. Statement made to I by the police;

1. The details of accounts of cooperative corporations;

1. An actual real estate sale contract, an agreement, or a real estate sale contract;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from witnesses I);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;