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 became final and conclusive.

Punishment of the crime

Around September 5, 2013, the Defendant: (a) purchased the victim D’s house located in Jinandong-gun, Jinandong-gun; (b) approximately KRW 30,000,000,000,000,000 from the said victim’s house in Jinandong-gun; (c) drafted a sales contract to the same purport, stating that the total purchase amount is KRW 120,00,000,000,000 from August 28, 2013; and (d) the first intermediate payment of KRW 20,000,000 until September 30, 2013; and (e) KRW 60,00,000 from the second intermediate payment of KRW 39,00 until November 30, 2013; and (e) was paid by May 30, 2014.

However, the facts are as follows: (a) the Defendant had a personal debt worth KRW 200 million without any particular property at the time; (b) the FF farming cooperative corporation operated by the Defendant had a financial debt worth KRW 150,000,000,000 without any particular asset; and (c) the Defendant intended to sell the mountain ginseng delivered from the victim to use the mountain ginseng for personal purposes, such as repayment of the Defendant’s personal debt, etc.; and (d) the Defendant had no intention or ability to pay the said mountain ginseng at time even if it was delivered by the victim.

Nevertheless, as seen above, the Defendant, by deceiving the victim and deceiving him, received approximately KRW 30,000,000,00 from the victim to March 2014, which was promised to receive approximately KRW 30,00,00,00 won from the said forest, which was planted on several occasions from around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol (including D and G statements) of the accused;

1. Each police statement made to D, H, I, and J;

1. A complaint;

1. Contract;

1. A criminal investigation report (Submission of details of transactions of passbooks of the victim), a criminal investigation report (Submission of photographs of the victim), a criminal investigation report (Submission of photographs of the victim), a criminal investigation report (the telephone investigation), a criminal investigation report (the photographs remaining after collecting mountain ginseng), and a suspect's telephone statement.