A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On August 2012, the Defendant, at the D Office of the Defendant’s operation of Ulsan-gu C, Ulsan-gu, the victim E, said, as follows:

“The 120 square meters and 120 square meters of land divided from the F of the Ulsan-gun, Ulsan-gun, which is expected to be expanded by the nuclear power plant around the 240 square meters and the 7th square meters of land. The bio-industrial complex is formed, and the high-speed bus terminal is scheduled to enter the complex, and thus, the development by the year of 2018 will be carried out.

If you purchase the land in KRW 400,000 per square day, you will sell it in KRW 530,00 per square day from the end of November 2012, and if you do not sell the land, you will purchase it again in KRW 5,30,00 per square day, liable in D Co., Ltd. and will purchase it in KRW 5,000 per square day.

“On August 29, 2012, the Defendant entered into a sales contract to sell the land of KRW 240 to the victim at the D office, a corporation around August 29, 2012, stating that “The land shall be purchased at KRW 530,00 per square year by the end of November 2012,” in the column for the special terms and conditions of the land sales contract concerning “6 square meters”.

However, around that time, D had no asset owned by it, and its business was proper.

The defendant paid interest of KRW 300,000 per month on personal debts of KRW 15 million.

Even if the Defendant sells the land to the victim, the Defendant did not have an intention or ability to re-purchase the land in KRW 530,000 per square day until the end of November 2012.

Nevertheless, on August 29, 2012, the Defendant received total KRW 96 million from the injured party to the deposit account in the name of D Co., Ltd. designated by the Defendant around August 29, 2012.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. Statement made by the police for E;

1. Each land transaction contract, each payment note;

1. Application of each statute of deposit slip;

1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.