A defendant shall be punished by imprisonment for not less than one year and six months.

An applicant for compensation shall be dismissed.

Punishment of the crime

On September 21, 2012, the Defendant agreed to purchase land on four parcels, other than the Cheongdo-gun, Cheongdo-gun, the victim’s ownership, from the victim for the purpose of selling electric power resource housing, to pay 80 million won down payment, to the victim’s succession of 570 million won borrowed as security, and to pay the remainder to the victim for the remainder of 600 million won.

On the other hand, the Defendant, around October 4, 2010, completed the registration of ownership transfer with respect to the above land under the name of the Defendant, and tried to implement the sale business of electric source housing on the above land, but there was a problem in various applications for authorization, and it was impossible to fully pay the balance to the victim according to the agreement due to various problems, such as preventing the payment of interest on loans succeeded as above in the status of short of its capital, etc. Accordingly, the victim filed a complaint with the investigative agency against the Defendant in fraud, and filed a provisional disposition against the prohibition of disposal with respect to the above land as the right to be preserved.

On January 17, 2013, the Defendant made a false statement to the effect that “The Defendant would pay the victim in sequence 200 million won on February 5, 2013, 2013, 300 million won on February 25, 2013, and 200 million won on March 25, 2013, in order to the effect that “The Defendant would revoke a provisional disposition prohibiting the disposal of the above land, and continue to proceed with the business of selling the electric house upon the revocation of the criminal complaint.”

However, the Defendant, at the time of the agreement, was in a de facto condition, such as lending and interest failure, and was planning to sell the above land to H to achieve this, and had no intent and ability to pay the balance 600 million won to the victim by the agreed date.

After all, the defendant is guilty.