A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant, as the representative of the corporation B, is a person who engages in the business of purchasing land and selling it again.

On July 24, 2018, the Defendant made a false statement to the effect that “Around September 24, 2018, the Defendant would transfer the ownership of the said E land to the victim D through C, through the said company’s employees C, with the effect that “A company sells approximately KRW 2,000 of the E-land around Chungcheongnam-si, Chungcheongnam-si, inasmuch as development materials are good, the Defendant would transfer the ownership of the said E land until September 2018, since 3,600,000, the remainder of KRW 32,400,000 is paid.”

However, the Defendant, around December 7, 2017, concluded a contract with the owner F and G for the purchase of H, I, E, E3,132 square meters, J, and K 258.13 square meters in order to purchase the said land, including the said land, and the down payment of KRW 35,000,000 on the day, intermediate payment of KRW 10,000,000 until January 31, 2018, even though the Defendant decided to pay the remainder by February 28, 2018, the Defendant failed to pay the intermediate payment of KRW 50,90,000,00 in full due to financial standing, and even if the Defendant received the payment from the victim, the Defendant did not have the ability to receive the said land ownership from the complainant, and thus, the Defendant did not have any capacity to receive the said land ownership.

On July 13, 2018, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 3,600,000 from the complainant to the bank account under the name of the Co., Ltd.; and (c) received KRW 37,960,000 in total over three times from around that time to June 7, 2019, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of laws and subordinate statutes to the details of a land sales contract, account transfer, transaction certificate, real estate sales contract, content certification, and (ju)L bank account.