Defendant

A A shall be punished by a fine of three million won, and Defendant B shall be punished by imprisonment for four months.

Defendant

A does not pay the above fine.

Punishment of the crime

On September 30, 2005, the Defendants purchased approximately KRW 2,000 of the site located outside Seoul Mapo-gu I and KRW 900 million in the market price of KRW 2 billion to G and vice president H of the victim F at the mutual infrier shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul. However, the Defendants should transfer their ownership to K after the death of J, who is the owner of the above land, and transfer their title to that of the sole heir. As Defendant A was the agent of the above K, the Defendants would complete the registration of ownership transfer if they concluded the sales contract for the above land.

However, the defendant A was not the agent of the above K, and the defendants did not have the intention or ability to complete the registration of ownership transfer even if he received the down payment from the victim.

The Defendants concluded a sales contract for the said land on the same day as the victim through the above G and H, and received 10 million won as the down payment at tin.

As a result, the Defendants conspired in collusion and received the goods by deceiving the victim.

Summary of Evidence

1. Defendants’ respective statements in the third protocol of trial;

1. Statement made by a witness H in the fifth trial records;

1. Statement made by a witness in the sixth trial records;

1. Application of Acts and subordinate statutes of a real estate sales contract and a payment memorandum;

1. Articles 347(1) and 30 of the Criminal Act applicable to the crimes;

1. Selection of punishment;

(a) Defendant A: Fines (such as the fact that there is no past record of the same crime, the fact that he participated in the crime upon the request of Defendant B, and the fact that the acquired amount of profit is only one million won);

B. Defendant B: Imprisonment with prison labor (including two suspended sentence of imprisonment, and five times the same criminal records, taking into account the fact that the instant crime was led, the amount of profit acquired by the crime, the amount of profit gained by the crime, and the escape during the trial)

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. Suspension of execution (Defendant B) Article 62 of the Criminal Act