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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
[Criminal Power] On May 26, 2016, the Defendant was sentenced to one year and two months of imprisonment for fraud at the Gwangju District Court and six months of imprisonment, and the above judgment became final and conclusive on June 2, 2016.
【Criminal Facts】
1. Around March 2012, the Defendant against the victim B: (a) within the planning real estate business entity (ju) DD office operated by the Defendant located in Gwangju-gu, Gwangju-gu, the Defendant: (b) “The victim B is expected to expropriate the E land in Seosan-si, and then open a road from F; (c) around that time, the land price will rise considerably to KRW 1,00,000 per square meter. The purchase of the said land at KRW 3,50,000 per square meter will be again 4,50,000 per square meter within six months. If it is not possible to purchase or sell the said land to another person, the Defendant would purchase or sell the said land at KRW 4,50,000 per square meter from D until September 30, 2012.”
However, at the time of fact, the above land sold by the defendant was not a planned management area or quasi-permanent conservation area, and the third party to re-purchase the above land was not secured, and even if the victim received money from the victim, he thought to be used as office operating expenses, employee's pay, debt repayment expenses, etc., so D and the defendant did not have any intention or ability to re-purchase the land purchased by the victim under the above conditions.
Nevertheless, the Defendant, on April 20, 2012, deceivings the victim as if the land price had been rapidly developed and the land price of which is uncertain as above, and transferred KRW 70 million,00,000,000,000,000 from the victim to the H bank account (I) in the name of G, from among KRW 3306,000,000,000 in size of 714,000 square meters in size of the said E’s land on April 20, 2012. On December 31, 2012, remitted KRW 19.6 million to the account in the name of G.