A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On December 5, 2007, the Defendant was sentenced to four years of imprisonment with prison labor at Seoul High Court for fraud, etc., and completed the execution of the sentence on February 9, 2010.

[2013 Highest 6324 Criminal facts] around August 16, 2010, the Defendant sold the forest land in Chuncheon City to the victim BX through P, a business employee, at the M office operated by the Defendant, on the fourth floor of the Gangnam-gu Seoul Metropolitan Lbuilding, and concluded that the Defendant would transfer the ownership of the forest land without any problem if he purchases the forest land with a high investment value of the said forest land.

However, in fact, the above forest land was not in a state of securing ownership in the above company due to the progress of the auction by the court, and at the time, the defendant was under serious business difficulties due to business depression and real estate competition, and thus, he was unable to pay monthly wages to his employees, so even if he received the money from the customers, he did not have the intention or ability to transfer the ownership of the forest land normally as agreed to him.

Nevertheless, the Defendant, by deceiving the victim as above, entered into a sales contract with the victim on 300 square meters among the forest land above, and received 4.5 million won as the down payment on August 16, 2010 and 40.5 million won as the remainder payment on August 27, 2010, respectively.

Accordingly, the defendant was given a delivery of KRW 45 million by deceiving the victim.

[2013 Highest 7091 Criminal facts] around August 16, 2010, the Defendant made a false statement to the effect that, in the BY office operated by the Defendant on the fourth floor of the Gangnam-gu Seoul LA building, the Defendant would transfer the ownership of the said forest land to the victim BZ by selling the said forest land to the victim BZ through P, a business employee, as the investment value of the said forest land is high.

However, the above forest land was not in a state of securing ownership in the above company due to the progress of the auction in the court, and at the time, the defendant was faced with serious business difficulties due to business depression and real estate competition, etc.