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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 2, 2016, the Defendant: (a) in the car page, “D” located in Daejeon Seodong-gu, Daejeon; (b) developed three lots of 2,96m2, 703m2, G 1,703m2, and H 68,638m2 to the victim E in order to sell a house owned by electric power; (c) with the permission to collect earth and stones and the permission to perform civil construction works, the Defendant is performing construction works with the permission to collect earth and stones, and with the loan repaid the said money.

In addition, 400 square meters will be transferred after the completion of one civil works.

The phrase “ makes a false statement.”

However, since the Defendant had a debt of KRW 60,70,000 at the time, there was no way to prepare a recovery deposit equivalent to KRW 56,000,00 even if the Defendant had obtained permission to collect earth and stones, and it was impossible to obtain bank loans due to the failure to pay the deposit, as well as the failure to perform the development project. The money invested from the actual victim was used for the repayment of personal debt and the payment of the balance of land purchase and sale, and there was no intention or ability to repay the money normally after the Defendant conducted the project using the money received from the injured party.

As such, the Defendant, by deceiving the victim as such, received KRW 15 million from the victim on February 1, 2016, KRW 75 million on February 5, 2016, KRW 30 million on February 29, 2016, KRW 140 million on April 5, 2016, and KRW 10 million on April 8, 2016, respectively, from the Defendant’s national bank account under the name of the Defendant, and subsequently, received KRW 50 million on the Defendant’s debt to the Defendant’s bank account in lieu of KRW 50 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, J and K;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. The K's statement;

1. A certified copy of each real estate registry, a certificate, a notice of permission for gathering earth and stones, a notice of deposit of restoration expenses, and details of banking transactions shall be applied to statutes;