A defendant shall be punished by imprisonment for one year.

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

On June 2, 2014, the Defendant entered into a contract with the victim D to purchase a variety of lots of land, such as “Seoul-gu E, Gyeyang-gu and 147.2m2m2 and 377m2m2 before F.,” and paid the down payment and intermediate payment to the land owner.

Any balance was settled by taking advantage of this axis on the land owned by the landowner, by preventing buildings in the name of the owner of the adjacent land and converting them into the site, and by receiving a secured loan and repaying the secured debt of the right to collateral security established on the land.

If the construction fund is a mother and child, if new shares of the above land in KRW 150 million are purchased again from KRW 150 million and the payment of KRW 100 million is made by means of the down payment and the intermediate payment, it is expected to complete the registration of transfer of ownership in the future following the acquisition of the right to collateral security, etc. established on the above land by using the money as the construction fund, and a clean resolution of the right to collateral security, etc. established on the above land is obtained from the land owner.

“.........”

However, at the time of fact, the Defendant received the money from the Defendant, once he was able to use it for the purpose of resolving the unpaid card price, and there was no intent to use it as the construction fund. Moreover, the Defendant only bears the debt amounting to approximately KRW 364 million without any particular property, and there was no ability to cancel the collateral security, etc. established on the above land after preparing the construction fund and acquiring the right to dispose of it, and then transfer the ownership to the victim.

The Defendant, as above, by deceiving the victim, received a total of KRW 100 million from the victim at that time (i.e., KRW 30 million on the same day (i.e., the intermediate payment in the name of KRW 70 million on the 5th of the same month) from the victim, and defrauded it.

(i) the evidence;