Defendant

A is the representative director of G Co., Ltd. with the real estate sales agency and development in the second floor of Seocho-gu Seoul Metropolitan Government, and Defendant B is the management director of the above G.

On August 6, 2012, the Defendants made a false statement to the victim H that “The construction cost of the Itel is required, if they are lent money, they shall be repaid within three months, and if they are unable to repay, they will transfer ownership of the Itel 107 and 1109.”

However, in fact, the PF loans amount to 6.5 billion won at the time, and the officetel is entrusted to Korea Trust Co., Ltd., and there was no intention or ability to transfer the ownership of the above officetel 1107 and 1109 to the victim normally.

From August 7, 2012, the Defendants received KRW 60 million from the victim to the one bank account in the name of G Co., Ltd. on or around August 7, 2012.

As a result, the defendants conspired to acquire the property of the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness H and K;

1. An agreement;

1. Receipts:

1. A supply contract;

1. A copy of a bankbook which is bound on the transaction details of bankbooks, the detailed statement of personal financial transactions (entrys in and withdrawals), and a copy of a bankbook which is bound on the investigation report (documents, such as a copy of passbooks);

1. A certificate;

1. The application of statutes to a management-type land trust contract and a real estate security trust contract;

1. The Defendants: Article 347 (1) of the Criminal Act and Article 30 of the Criminal Act concerning the applicable criminal facts;

1. Defendant A who is to suspend the sentence: Fine of KRW 5,000,000: KRW 3,000,000; and

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. The Defendants of suspended sentence: The phrase “when the circumstances before the opening are remarkable” among the requirements of suspended sentence under Article 59(1) of the Criminal Act, includes the degree of reflection.