A defendant shall be punished by imprisonment for not less than eight 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 was the representative director of the planning-based movable company, called "E" in Chuncheon-si D and 1st century.

On March 2012, the Defendant made a false statement to the effect that “The Defendant would divide the instant land and transfer the ownership of the instant land if he/she purchases part of the land, such as the division help, by entering the victim F with an industrial complex, etc. of the size of 1.7 million square meters in the neighboring area of Hongcheon-gun G (hereinafter “instant land”) and resulting therefrom.”

However, from the time of the Defendant’s purchase of the instant land, the Defendant borrowed KRW 200 million from H and I due to lack of funds, and there was no intention to transfer the instant land by installments, such as that the Defendant did not intend to use the purchase price received from the applicant, including the victim, for installment work.

Around April 16, 2012, the Defendant: (a) by deceiving the victim; (b) concluded a contract with the victim to sell KRW 993 square meters (300 square meters) which is a part of the instant land at KRW 270,000,000,000,000,000 around April 12, 2012; and (c) acquired the money from the Defendant as a sales price, by remitting the sum of KRW 50,000,000,000,000 from April 16, 2012; and (d) around April 18, 2012, the sum of KRW 22,00,000,000,000, including the remainder, from April 19, 2012.

Summary of Evidence

1. The full or partial statement by the witness F, H and J respectively;

1. Statement made by the police with regard to F;

1. Application of a certified copy of register, land trade contract, and provisional partition shall also be governed by statutes;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The head of the community service order and judgment under Article 62-2 of the Criminal Act

1. The defendant's assertion and summary of the defense counsel's assertion and summary of the defendant's and defense counsel's defense counsel, although the defendant's promise to make a separate registration to the victim for division, failed to comply with it.