A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On December 13, 2016, the Defendant entered into a contract with the victim C, instead of having the victim purchase KRW 60,000,000,000,000, at a store cafeteria located in the Cheongnam-do, Busan Metropolitan City, in order to purchase the land of KRW 48 square meters prior to D, Chungcheongnam-do, Chungcheongnam-do.

Registration may be transferred on January 4, 2017, but it may be purchased at a price higher than the market price by prompt deposit.

“A false statement” was made.

However, on October 2016, the Defendant reported an advertisement to the effect that E, the owner of the above land, sells the above land at the advertisement site of the rice Luxembourg market around October 2016, and contacted E by telephone, and would like to have an accident at KRW 45 million in the above land.

On or after January 2017, it may be temporarily returned.

" merely expressed the intention to purchase the land, it did not enter into or proceed with the land purchase contract in E and regularly, and was thought to use the money received from the damaged person individually, and did not have the intent or ability to purchase the land.

As such, the Defendant was granted KRW 60 million in total, including KRW 30 million on December 13, 2016, and KRW 30 million on December 14, 2016, from the victim, to the Korean bank account (F) with the name of the victim A, for the purpose of purchasing the said land.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against C;

1. Complaint;

1. Certified copies of the register, details of transfer, each letter, reply (Korean bank), reply (KT), reply (LG), reply (SK) and reply (ST);

1. Application of Acts and subordinate statutes to investigation reports (E telephone statements);

1. Article 347 of the Criminal Act applicable to the crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1248, Apr. 1, 201

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (less than KRW 100 million). The mitigation area (one month to one year) [the person subject to special mitigation] is not subject to punishment or considerable part.