A defendant shall be punished by imprisonment for six 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

The Defendant, as an infinite, is between F and F, the owner of Kimhae-si C (Site), D (LL), and E (C). The victim G is a person who leased the above C (site) and factory from F from November 201, and operated the factory with the trade name “H”.

On November 2016, the victim decided that the change of use of the above factory building (retail store factory facilities) would increase the value of the factory in the course of consultation with F to purchase the above C, D, E and factory from F, and that the change of use of the factory would proceed with the procedure to change the use of the factory. Around that time, the victim discussed F along with F in Kim Sea-View.

1. On November 2016, the Defendant made a false statement to the victim by phoneing the victim of the expenses for land category change, and “The land category of Kimhae-si is a river, and the land category of Kimhae-si, with a factory, becomes a site. As such, if the land category of E is changed to the site, the Defendant may obtain a difference of approximately KRW 100,000,000 which is much the land price and KRW 100,000,000,000 from the land category change to the land category of E. In order to change the land category of E, the Defendant would have to conduct a survey to transfer the land survey

However, even if the defendant received the above money, he did not think of it not only because he did not have any intention or ability to change land category, but also did not intend to use it as costs for land category change, such as land survey expenses, but as personal living expenses or debt repayment.

As such, the Defendant received money totaling KRW 14.8 million from 10,000 to 10,000,000,000 as expenses for change of land category, from around November 12, 2016, by December 16, 2016, by deceiving the victim and receiving KRW 1.5 million from the Agricultural Cooperative (J) account in the name of the victim of the damage, as indicated in attached Table 1 through 10, from December 16, 2016.

2. On December 23, 2016, the Defendant is aware of the name of the borrowed money in the process of changing the said land category.