A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 18, 2018, the Defendant sought to purchase KRW 750,000,000 from the victim B’s house located in Gyeonggi-gu, Gyeonggi-do, to the victim’s house. The Defendant succeeded to KRW 6550,000,000,000 for the term loan and separately paid KRW 100,000,000,000 for the remainder: Provided, That the purport is that the above commercial building was first loaned with KRW 100,000 as security, and the Plaintiff will succeed to the entire amount of the loan.” On December 12, 2018, the Defendant prepared a letter to the effect that “First, the Defendant would use the commercial building as the cost of the commercial construction in order to receive KRW 100,000,000 from a loan as security, and shall be succeeded to the total amount of KRW 75,50,000,000,000 within three months from May 30, 2019.”

However, at that time, the Defendant was under investigation by submitting a forged land sales contract to E Union and F to obtain a loan, and it was impossible for the Defendant to succeed to the loan with bad credit standing at the time, and the employee H employed by G companies operated by the Defendant did not pay the above commercial building wage. Even if the Defendant borrowed KRW 100 million as collateral, the Defendant was willing to use the above commercial building for another construction site. Thus, even if the victim received the above money from the victim, the Defendant did not have the intent or ability to obtain a transfer of the above commercial building ownership by using the above money, or paying the remaining KRW 750,00,000,000 to the above commercial building within three months, by additionally paying the balance of KRW 100,000,000.

As such, on December 13, 2018, the Defendant, by deceiving the victim and deceiving it from the victim, wired KRW 30 million to G account operated by the Defendant, a corporation G account with KRW 30 million and KRW 60 million on the 14.6 million of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A real estate sales contract and a letter of undertaking;

1. A detailed statement of entry and withdrawal transactions;