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 becomes final and conclusive.

Punishment of the crime

Around January 2, 2013, the Defendant made a false statement to the victim D, stating that “I will leave the tree owner, be responsible, and be granted for the permission,” and that “I will sell the 10-day Nowon in the land Mayang-gun E in total of KRW 45 million to the sum of the down payment 20 million.”

However, in fact, the defendant was not in the state of being left in the post and there was no procedure related to permission, so even if he was paid the sales proceeds, he did not have the intention or ability to sell pine trees.

The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim to the Defendant’s post office account (F) as the down payment around January 3, 2013.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on account details;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with labor ( Taking into account the failure to recover damage);

1. Article 62 (1) of the Criminal Act (i.e., confession, absence of records of the same kind of crime, and favorable circumstances such as the absence of criminal records of probation for the last ten years);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] General Fraud (less than KRW 100,000) and the basic area (six months to one year and six months) (no special person)