A defendant shall be punished by imprisonment for not less than two years and six months.

An application filed by an applicant for compensation shall be dismissed.

Punishment of the crime

1. On January 18, 201, the Defendant, at the victim B’s house located in Incheon Cheongjin-gun, Incheon, displayed a real estate sales contract with the victim as to “1,654 square meters of Dopo-gun, Incheon Cheongcheon-gun, E, and 1,653 square meters of Dopo-gun.” The Defendant concluded a false statement with the victim, stating that “The Defendant would repay the principal of Dopo-gun by selling the land in a 1.5 million won per month if it is short of any balance, if it is leased KRW 130,000,000,000 won as a 1.3 billion won per month if it is leased.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to purchase the above real estate and did not have the intention or ability to repay the borrowed money.

Nevertheless, the Defendant received KRW 117.95 million from the victim to the bank account managed by the Defendant on the same day.

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

2. On March 15, 2011, the Defendant made a false statement to the victim B, “If the Defendant entered into a contract on the land near the G power plant, but the balance is insufficient, and if the Defendant borrowed KRW 126 million, it would sell the land two to three months, then the Defendant would repay the principal by selling it.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay the borrowed money by selling the real estate purchased.

Nevertheless, the Defendant received KRW 123 million from the victim to the bank account of the Defendant on the same day.

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

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a certificate of specification of transactions, each certificate of borrowing, each certificate of recognition, each certificate of establishment, each letter of establishment, each real estate sales contract, each letter of borrowing,

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Special cases concerning the dismissal of application for compensation, the promotion of litigation, etc.;