A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. From October 14, 2016 to the victim C, the Defendant committed the crime of October 2016, 2016, to the effect that “if a new apartment is built due to the purchase and alteration of the land B in the front-gun, the Defendant would pay the profits from the purchase of the land B in the front-gun, and the alteration of the purpose of its use, the Defendant would make an investment of KRW 30 million.”

However, the defendant did not have the intention or ability to carry out the purchase of the above land and the change of use because he intended to use the money received from the victim for living expenses or other debt repayment.

On October 24, 2016, the Defendant received 30 million won from the victim to the account of community credit cooperatives (D) in the name of the Defendant on October 24, 2016.

Accordingly, the defendant acquired property by deceiving the victim.

2. Around January 28, 2017, the Defendant committed the crime of February 28, 2017 stated to the effect that “If the said victim was under development, and only the last survey remains, it would be repaid immediately if the said victim borrowed KRW 50 million due to the survey cost, etc.” in the former Special Self-Governing Province E.

However, the defendant did not develop the above land, and did not have the intention or ability to repay the borrowed money as he intended to use the money received from the victim in repayment of another debt.

On February 28, 2017, the Defendant received 50 million won from the victim to the account of community credit cooperatives (D) under the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, F, G, and H;

1. Part of the protocol of examination of the accused by the prosecution (including the substitute part);

1. Statement to C by the police;

1. Application of statutes, such as notarial deeds;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. Regarding the crime committed on October 24, 2016