A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

In the middle of August 2014, the Defendant: (a) was successively set on the lower right of the maximum amount of KRW 53 million to the land of KRW 33,34,00,000,000,000 to the land of this case (hereinafter “instant land”); and (b) the lower right of the superficies and the claim amount of KRW 49,000,000,000,000,000,000 to the entire scope of the said land was successively set on August 2, 201; (c) without notifying the victim D of the fact that the right to collateral security and superficies was established on the said land; (d) while the Defendant was entitled to purchase the said land, the Defendant did not set the right to collateral security, etc. on the said land.

After believing that, around September 1, 2014, 3 million won is paid from the injured party as the down payment, and around September 11, 2014, 27 million won is paid as the remainder of the contract deposit, and around September 29, 2014, 200,000 won is planted on the above land and thereafter, the ownership of the above land is transferred.

Denating and receiving 3,150,000 won from the injured party for the purpose of planting stuff trees.

Accordingly, the defendant, by deceiving the victim, received the property from the victim and acquired the property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A complaint (including all attached documents, etc.);

1. The investigation report (as to attachment of a recording file) / (as the defendant had the intent and ability to cancel the right to collateral security, etc. established on the land at the time of entering into a sales contract with the victim and complete the registration of transfer of ownership, the defendant did not have the intent to commit the crime of deception or deception.

The argument is asserted.

① The victim’s experience in real estate transactions and degree of recognition of the Defendant, ② the discrepancy between the seller and the injured owner of the registration of real estate stated in the contract for the sale and purchase of the instant land, ③ the horses and actions the Defendant had inflicted on the victim at the time of concluding the contract for the sale and purchase of the instant land, and the establishment of a mortgage by