A defendant shall be punished by imprisonment for not less than eight 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 the former owner of the land C (hereinafter referred to as “sale land”) and D A Dong (hereinafter referred to as “sale building”) constructed thereon in Seosan-si, and the seller is the seller, and the victim E is the current owner of the land and building for sale and purchase.

On November 2015, the Defendant stated to the victim who wishes to purchase the above land and buildings, that “from the access road to the point adjacent to the (G) side to the (G) boundary line along the boundary line with the latter (F).” Since the part of the land corresponding to the access road including H land (hereinafter “entry road land”) is included in the subject of sale, the damaged party could acquire the ownership of the above access road land.

However, the above access road was a separate land that is not included in the sale and purchase land, and the Defendant had no intention or ability to transfer the ownership of the land to the victim, as it had already sold the above H and G land to the purchaser of the building D B around October 25, 2014, prior to the conclusion of the sale and purchase contract with the victim.

Nevertheless, the Defendant: (a) by deceiving the victim; (b) paid the down payment of KRW 300 million on November 21, 2015 from the victim; and (c) paid the remainder of KRW 500 million on December 22, 2015; and (b) registered the transfer of ownership of land and buildings that do not include the part of the said access road; and (c) acquired pecuniary benefits equivalent to the purchase price of the said access road.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, I and J;

1. Some statements made by the prosecution against the accused in the protocol of interrogation of the suspect (including the E and I statements);

1. Statement protocol by the police for E;

1. Each letter of certification by I and J;

1. A real estate sale contract, a full certificate of registered matters, a written consent to the use of the road, a reply to the certification of the contents thereof, a land marking drawing of the house, a report on investigation (K and the monetary record), and a report.