A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On January 28, 2004, the Defendant entered into a contract to purchase the said site at KRW 5.1 billion with the owner D located in Yongsan-gu, Yongsan-gu, Busan Metropolitan City at KRW 452, Jungyang-gu and tried to build the E E.

On May 3, 2004, the Defendant: (a) around 602 (State)G office of the Gangnam-gu Seoul FF Building, the Victim I known of H through H; (b) “A site was purchased, but only KRW 200 million was paid, and the remainder of KRW 4.9 billion was not paid until March 28, 2004, which was due to the remaining payment date; (c) there is no problem to select a construction at the time when a site is purchased due to a high prospect for the malfunction; (d) when a joint project is being conducted, the Defendant would make an investment by dividing the amount of shares into KRW 5:5. Since the Defendant obtained the approval of the remainder of the payment date from the landowner, the Defendant would make the remainder payment as an intermediate payment, and obtain a loan from the EFF.”

However, as the Defendant was unable to pay the balance to the above D by March 28, 2004, the Defendant agreed to collect the balance from the victim as part of the intermediate payment and deliver it to D on April 17, 2004, and decided to pay KRW 100 million by April 24, 2004. If the remainder is not paid by May 7, 2004, the Defendant was subject to confiscation of the said KRW 100 million, which was already paid on January 28, 2004, as well as the down payment amount already paid by April 24, 2004, which was agreed to additionally pay by April 24, 2004. Thus, even if the Defendant received money from the victim as part of the intermediate payment and delivered it to D, the Defendant did not receive the remainder KRW 4.8 billion from D and paid it to D, the remaining amount would have been subject to confiscation by May 7, 2004.

Nevertheless, the defendant deceivings the victim and is not paid part of the victim's seat.