A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who has been engaged in landscaping business of pine trees.

On December 2, 2007, the Defendant issued to the victim F at the D hotel coffee shop near Seocho-gu Seoul, Seocho-gu, Seoul, that “I will make profits at least KRW 150,000,000,000,000,000,000 or more, within two months of selling, with the permission to take them out, and with the permission to take them out. The permission to make investments can be received well, so I will make it well known by negotiating with the land owner.”

However, since permission to remove pine trees is possible only to purchase forest land from land owners or obtain approval to use forest land, the defendant should pay the purchase price in full to I who is the owner of the forest land and obtain approval to purchase or use the forest land.

However, the Defendant entered into a sales contract with I, a land owner of the forest above on December 22, 2007, and agreed on February 20, 2008 to pay KRW 120 million as part payments and remainder payments, and on February 20, 2008, “the use and development of all authorization, permission, and land shall be decided after the remainder payment,” thus, the Defendant was entitled to receive the shipment permit only when the intermediate payment and the remainder of the forest above are paid. However, there was no ability to obtain the shipment permit for the forest above land within two months since the said intermediate payment and the balance were not raised.

Nevertheless, the Defendant said false statement as above, and the said victim acquired the said KRW 74 million, including the sum of KRW 50 million on December 21, 2007, KRW 200 million on December 26, 2007, and KRW 20 million on December 27, 2007, and KRW 74 million on December 27, 2007, by having the said H, a partner related to the said pine sales business, receive it.

Summary of Evidence

1. The defendant's partial statement in the court and his defense counsel are merely mediating transactions between F and H, there is no intention to commit fraud, and even if not, it is illegal acquisition in relation to allowing F to remit money to H.