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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around April 2014, the defrauded introduced the aforementioned D and seven parcels (hereinafter “each of the instant real estate”) owned by the Defendant to the victim E, and made a false statement to the effect that “In relation to the construction of access roads to the width prescribed by the Act in order to establish a multi-family housing with at least 200 households in each of the instant real estate, the Defendant would be responsible for and to open the access roads with the permission for use of the adjoining land owned by one source, if the adjoining land within the land is owned by one source.”
However, even if the victim purchases each of the instant real estate, the Defendant did not have any intent or ability to open access roads to establish multi-family housing (the statutory minimum width is 6 meters) as above.
Around June 13, 2014, the Defendant agreed with the victim to sell each of the instant real estate owned by the Defendant to the victim at the office of the Defendant located in the Seoul Special Metropolitan City, Chungcheongnam-gun, the Defendant received KRW 40 million from the damaged person under the pretext of the down payment. On June 24, 2014, the Defendant concluded a sales contract to sell each of the instant real estate to the victim at KRW 600 million, and received KRW 20 million from the damaged person as the down payment. On June 30, 2014, the Defendant received KRW 1 million under the pretext of the down payment from the damaged person as the down payment, and received KRW 50 million from the damaged person as the part payment around July 22, 2014.
2. On June 13, 2014, the Defendant attempted to commit breach of trust concluded an agreement with the victim E to sell each of the instant real estate owned by the Defendant around June 13, 2014, and received KRW 40 million from the damaged party as the down payment. On June 26, 2014, the Defendant concluded a sales contract to sell each of the instant real estate to the victim at KRW 600 million, and received KRW 20 million from the damaged party as the down payment, and received KRW 50 million as the intermediate payment around July 22, 2014, respectively.