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

The defendant is a representative director of the Bupyeong-gu Incheon Bupyeong-gu D Building and the Ethae located in No. 1004.

On October 8, 2015, the Defendant, at the above (State) EE office on October 8, 2015, can see the victim F’s profits from the market price twice within two years if he made an investment in this area. The number of people who intend to purchase the said land is 195 million won to purchase the said land at 300 square meters.

On October 10, 2015, a sales contract was concluded with the victim on October 10, 2015 with respect to 990 square meters among G in Sung-si.

However, on October 7, 2015, the right to collateral security, the maximum amount of KRW 3777,577 million against the Saemaul Bank’s credit, was established, but the Defendant did not notify the victim of the right to collateral security, and the Defendant did not transfer the ownership of the land to the victim by cancelling the right to collateral security by way of delivering the money received from the injured party to the creditor. However, the Defendant was planned to fully consume the money received from the injured party as the employee’s wage, etc., and even if the money was received from the injured party, there was no intention or ability to transfer the ownership of the land to the victim, even if the said money was received from the injured party due to the lack of funds to cancel the collateral security.

Around October 8, 2016, the Defendant: (a) by deceiving the victim; (b) received from the victim, KRW 2,00,000,000,000 from the Korean bank account (I); (c) around October 10, 2015; (d) KRW 10,000,000 from the said account under the pretext of contract deposit; and (e) KRW 11,00,000,000 from the intermediate payment under the pretext of part payments on October 12, 2015; and (e) received KRW 73,00,000,000,000 from the said account under the pretext of the balance on October 14, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);

1. Two-time protocol concerning the examination of the suspect of the police against the accused (including cross-examination);

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

1. A complaint, a land transaction contract, and a certified copy of real estate registry;

1. An inquiry of the results of the transfer management, and a remittance receipt;