A shall be punished by imprisonment with prison labor for five months and by imprisonment for eight months.

On June 27, 2011, at the G Licensed Real Estate Agent Office located in Yongsan-gu Seoul Metropolitan Government, the Defendants conspiredd to the effect that “The amount is needed to be sold to the victim H by auction the J Real Estate Association building newly built in Eunpyeong-gu I. If the Defendants borrowed KRW 50 million, interest KRW 10 million shall be given in two months, and if the interest is not paid, one household of the real estate agent will be sold.”

However, even if the Defendants received money from the victim, they did not have the intent or ability to pay the interest that they purchased or promised the said real building using the money.

Nevertheless, the Defendants obtained a copy of the cashier's checks (e.g., face value 50 million won) from the victim and acquired them.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of H, K and L, and each legal statement of M and N;

1. An interrogation protocol of the police officer regarding theO;

1. Application of Acts and subordinate statutes of accusation, loan copy, cashier's checks, copy of the register, and each investigation report;

1. The Defendants, on the grounds of the conviction and sentencing of Articles 347(1) and 30 of the Criminal Code of the pertinent Criminal Act regarding the facts charged of the crime, acknowledged the fact that they borrowed money from the victim as a substitute for the facts charged of the crime of the instant case, but claimed that they did not intend to acquire money by preparing 2 billion won with the money and selling the real building and selling it in lots, and that they did not intend to acquire money.

In full view of the evidence of this case, such as the victim and K’s statement at the time of the transfer of the building, the Defendants borrowed the final estimated sale price and the actual sale amount exceeding 20.6 billion won from the victim to the trust company, again deposit the building with the trust company for one month, and then sold the building with the purchase price of the building, the two billion won, and the victim.