On October 201, the Defendant stated to the effect that “D” coffee shop located in the vicinity of the Gangnam-gu Seoul Metropolitan Building, Gangnam-gu Seoul Metropolitan Government, and that “The victim E is scheduled to en bloc purchase 100 apartment houses unsold in lots located in the diving 2 complex and diving 3 complex, and 33 square-type 2 of the unsold apartment units can be purchased at 650 million won per bond, among the unsold apartment units.”

However, as seen above, the Defendant did not have the ability to purchase 100 apartment units unsold in lots, but did not have the ability to secure 20 apartment units unsold in lots, and even if the Defendant received 60 million won as the sales contract amount for 20 apartment units unsold in lots from the victim, the Defendant did not have the intent or ability to purchase the above apartment units.

As such, on November 2, 201, the Defendant, by deceiving the victim, received 60 million won from the victim to the corporate bank account in the name of F, from the victim, and acquired it by fraud.

Summary of Evidence

1. Legal statement of witness E;

1. Statement E in the suspect examination protocol of the accused by the prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to each investigation report (Submission of Materials by Suspect G), investigation report (to hear telephone statements, such as the 2-site housing complex reconstruction association members H, etc.);

1. According to the relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the decision of imprisonment [the written agreement (in the 62 pages of investigation records) written by the defendant and the statement of E], each evidence revealed above, the grounds for sentencing are as follows: (a) it is determined that the defendant deceivings the victim without the ability of moving the lock apartment to the victim without the ability of moving the lock apartment in order to carry out the purchase project of the above apartment and by deceiving the victim into the sales price of the above apartment].