However, at the time, the Defendant owed approximately KRW 380,000 to KRW 380,000, and paid KRW 1,700,000 to the financial institutions every month as interest, and as such, it was uncertain whether the apartment of this case would be sold and proceeds from the apartment of this case, even if having received the purchase fund from the victim, there was no intention or ability to return the apartment of this case.

Around January 27, 2011, the Defendant, by deceiving the same victim, received KRW 15 million from G as the down payment, and received KRW 5 million from the post office account under the name of the Defendant on the same day on February 10, 2011, and received KRW 41 million from the above “G” on April 1, 201, and acquired KRW 61 million in total as the remainder and interest.

2. Determination

A. According to the evidence duly examined by this court, the defendant, as shown in the facts charged, paid to E the difference of KRW 5 million if he/she resells the apartment after two months after the purchase of the apartment in this case, and received KRW 61 million for the purchase fund (hereinafter “the investment in this case”). ② In the process, the defendant agreed to guarantee E the principal of the investment in this case; ③ the defendant entered into a contract to purchase the apartment in this case with I who represented with the owner H on March 1, 201, and agreed to deduct KRW 150 million for the purchase, and ④ the defendant paid KRW 60 million for the remainder after deducting KRW 90 million for the secured debt amount of the apartment in this case, which was to be deducted from the purchase price, to H on June 201, without obtaining the registration of transfer of ownership, and ④ the defendant paid the apartment in this case to J on June 1, 201.