A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On May 24, 2017, the Defendant was sentenced to a suspended sentence of ten months to imprisonment without prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and the judgment became final and conclusive on October 26, 2017. On November 22, 2017, the same court was sentenced to a suspended sentence of two years for imprisonment with prison labor for six months for fraud, etc. and the judgment became final and conclusive on June 5, 2018.

【Criminal Facts】

On August 13, 2014, the Defendant agreed to sell to the victim D the purchase price of KRW 334 square meters of land E in Gangwon-do for KRW 34 million in the office of the main office located in the Crossing-gun of Gangwon-do, and to cancel the collateral security equivalent to KRW 260 million of the maximum debt amount set forth in the said land and to receive KRW 15 million of the remainder after completing the civil engineering work.

On August 12, 2016, the Defendant made a phone call to the victim in the Buddhist area below the Gangwon-do Crossing-gun, Gangwon-do, and made a false statement to the effect that “The mortgage created on land was cancelled and the Civil Works Corporation completed all of the civil works, which would deposit the remainder of KRW 15 million with the agricultural bank account in the name of the Republic of Korea.”

However, the Defendant was unable to cancel the above right to collateral security, and civil engineering works were not completed, and there was no income to repay the debt amounting to KRW 80,000,000,000, such as card payment. Therefore, even if the Defendant received any balance from the victim, there was no intention or ability to cancel the above right to collateral security.

Nevertheless, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the Agricultural Cooperative (F) account in the name of the Defendant on August 12, 2016, and received KRW 5 million from August 16, 2016.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Each police statement of the defendant's legal statement D, each written statement of the court for sale in lots of land, all of the registered matters, and previous records of bank transactions as indicated in the judgment: Criminal records, investigation reports (verification of current records, etc.), and application of the law of the judgment.