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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 2009, the Defendant, in the name of land purchase price, made a false statement to the effect that “The price of three parcels of land outside Seosan City, G, and three hundred million won was 350,000 won when investing KRW 300,000,000,000 to purchase the said land by means of borrowing the said land as collateral and appropriating for the price of the land, and would sell the said land to KRW 40,000,000,000 to KRW 50,000,000,000,000 won.”
However, in fact, the Defendant agreed to purchase the said G land in KRW 280 million from H, the owner of the said G land, and thus, even if the Defendant received KRW 300 million from the victim as the price for the land, it was thought that he would individually consume KRW 20 million equivalent to the difference, and it was thought that the amount of KRW 80 million out of the purchase price to be paid to H would have to be individually consumed, and there was no intention or ability to sell the land with the money received from the victim to divide the profits to the victim.
The Defendant, on December 15, 2009, received money from the victim as the price for land, from the victim, KRW 100 million, KRW 150 million from January 18, 201, KRW 150 million from January 18, 201, and KRW 50 million from February 1, 2010.
2. On October 19, 2010, the Defendant made a false statement to the effect that “If he purchases three parcels of land outside Seosan-si, Seosan-si, and takes profits from selling, he/she shall divide the entire land into one time, and if he/she wishes to trade the entire land, he/she shall do so, and if he/she needs to do so, he/she shall do so.”
However, even if the defendant received money from the victim as a survey expense, he thought that most of them will be used for personal purpose, used as a survey expense, divided the land, and there was no intention or ability to leave the proceeds to the victim.
The defendant belongs to this.