A defendant shall be punished by imprisonment for two years.

except that the execution of a sentence shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Criminal facts

On May 31, 2017, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution on June 8, 2017 due to a violation of the Act on Special Measures for the Establishment and Management of Areas subject to Development Restriction in Sung-nam Support for Suwon Friwon.

On February 7, 2013, the Defendant: (a) in collusion with D as a ground for a certified architect’s assistance; (b) designated a development restriction zone to the head ofHanam-si; and (c) applied a false document in the name of the F Village Association, which is a resident of the instant forest, to exceptionally obtain permission from the Mayor, etc. on the land of 1,459 square meters (hereinafter “the instant forest”); and (d) obtained a building permit around June 7, 2013.

피고인은 2014. 11. 10. 경 하남시 G에 있는 ‘H 부동산 ’에서 피해자 I에게 이 사건 임야를 매매대금 19억 원에 매도하면서 “ 이 사건 임야는 적법하게 건축허가를 받았기 때문에 지상에 창고를 지으면 지목이 임야에서 대지로 변경되어 매매 가가 몇 배로 뛸 것이다” 고 말하여 이에 속은 피해 자로부터 2014. 11. 10. 경 계약금으로 1억 원을, 2014. 11. 29. 경 1차 중도금으로 8억 1,000만 원을, 2014. 12. 1. 경 2차 중도금으로 1억 5,000만 원을 송금 받아 합계 10억 6,000만 원을 편취하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made to the prosecution by the I and J;

1. Each investigation report (report on submission of a record of telephone conversations which is the real estate intermediary, recording of complainants);

1. A certificate of all the matters to be registered, an identification of transfer of Internet banking, an inquiry of transaction details, an entry of real estate transaction details by product (fax), an entry of real estate transaction details by product, a real estate transaction agreement, an information about the disposal of a building permit within a development restriction zone, and a permit to change the purpose of use of a large-scale

1. Hearing, prior notice of disposition, following the cancellation of a building permit in a development-restricted zone;