A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On December 4, 2013, the defendant of criminal records was sentenced to a suspended sentence of two years for a crime of fraud in the original state branch of the Chuncheon District Court on December 4, 2013. The judgment became final and conclusive on December 12, 2013.

Criminal facts

Around September 2012, the Defendant and D waiting for the victim E’s real estate brokerage office located in Eunpyeong-gu Seoul Metropolitan Government to sell the said forest to the victim by dividing the G forest into KRW 430,000,000,000 for KRW 430,000,000,000 for the purchase of the said forest and land. The Defendant and D sold the said forest to the agricultural cooperative account in F, and deposit KRW 5,00,000 to the agricultural cooperative account in H’s name. If such deposit is made, the Defendant and D said that “the Plaintiff will return KRW 90,000,000,000,000 to the principal by adding the proceeds to the principal by February 28, 2013.”

However, in fact, the Defendant and D did not wish to purchase the above woodland from the Defendant, and the Defendant asked I, a real estate consulting business operator, to make an investment of KRW 187 million in the intermediate payment. At that time, the Defendant was already refused to make an investment on the above woodland because it was difficult to develop because the graveyard was installed in the above woodland. However, there was no specific plan to pay intermediate payments and remainder to the above F and purchase and sell the above woodland, such as not obtaining permission for conversion of mountainous district for the subdivision of the above woodland. Therefore, even if the Defendant received a down payment from the victim, it did not have the intent or ability to pay KRW 90 million to the victim by February 28, 2013.

On November 19, 2012, the Defendant and D have the victim wired KRW 43 million to the Agricultural Cooperative Account in the above name in lieu of the Defendant and D, and wired KRW 5 million to the Agricultural Cooperative Account in the above name on November 20, 2012, and wired KRW 48 million in total to the above H’s account on November 20, 2012.

Accordingly, the defendant, in collusion with D, deceiving the victim to gain economic benefits.