On December 10, 2015, the Defendant concluded that “The Defendant would pay 140 million won in lump sum on June 30, 2016, when the registration of ownership transfer is completed with respect to 400 square meters in the office of Defendant’s operation on the fourth floor of the Busan Jin-gu B building, Busan, and that “The Defendant would pay 140 million won in lump sum on June 30, 2016.”

However, at the time, the Defendant had a debt amounting to 300 million won, but there was many real estate owned by the Defendant, but it was difficult to sell without value, and there was no intention or ability to pay the purchase price, even if the Defendant received the registration of ownership transfer for the purchase of real estate from the victim, because the Defendant was unable to obtain additional loans due to good credit.

On January 22, 2016, the Defendant deceptioned the victim, and obtained on January 22, 2016 the registration of ownership transfer from the victim, and acquired the real estate equivalent to KRW 140 million in the name of the Defendant.

Summary of Evidence

1. An interrogation protocol of the accused by the prosecution;

1. Statement made to D by the police;

1. Full certificate of the matters to be registered (Evidence No. 2), a real estate sales contract (E, F);

1. Application of Acts and subordinate statutes to each investigation report (the sequence 37,40, 41 of the evidence list);

1. In light of the fact that there is no basic area (one to four years), the basic area (one to four years) of types 2 (one hundred million won or more, and less than five hundred million won) (one to four years), the fact that there is no history of the same crime (decision of sentence], the amount of fraud, and the fact that there is no history of the same crime, the reason for sentencing of the choice of punishment [the scope of recommending punishment] under Article 347(1) of the Criminal Act, Article 347(1) of the Criminal