A defendant shall be punished by imprisonment for not more than ten 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 is a person who has operated “C” as a real estate brokerage company located in Sejong Special Self-Governing City B.

around January 3, 2018, the Defendant stated to the effect that “C” business personnel D may contact the victim E and sell the forest land located in Gwangju City F, which is held in “C,” and that “the down payment is changed,” and thereafter, in order for the victim to clearly secure “Seoul City G and H forests” through “D” on March 31, 2018, the Defendant should send more money as part payment.

“The payment of the balance will be completed one month after the payment of the balance,” and the ownership transfer will be completed on May 1, 2018, after directly showing the said forest land to the victim via D around May 1, 2018.

“..........”

However, at the time of January 2018 to May 2018, the Defendant, at the time of Gwangju City, did not have secured ownership of forests and fields adjacent thereto, and the economic situation was not good due to the lack of business funds. In the case of the relevant forests and fields, as long as the legal relationship is very complicated and several hundred million won is not raised, acquisition of ownership was difficult. Since it is unclear whether only a part of them can be purchased by installments, the Defendant was paid the purchase amount from the injured party.

Even if there was no intention or ability to transfer the ownership of the forest land to the victim within the agreed period.

Nevertheless, the Defendant deceivings the victim through D as above, and 2,50,000 won in total from the victim on January 3, 2018, as the intermediate payment, around March 31, 2018, 5,000 won in the name of intermediate payment, around May 2, 2018, and KRW 41,27,500 in the name of intermediate payment, around May 2, 2018, and KRW 2,40,00 in the name of additional expenses necessary to change the object of trading into another forest and field, etc. on October 10, 2018, respectively, acquired KRW 51,17,500 in the name of the Defendant’s wife’s corporate bank account (Account Number:J) from the Defendant’s wife.

Summary of Evidence

1. The defendant's legal statement against the defendant;