[205] C was unable to conduct a normal sale business since July 2007 due to the receipt of a complaint against a loan or loan from around 2003 to October 2004 while in the course of selling a building, C was in a situation in which it was unable to repay the loan to the victim for a short term even if it was borrowed from the victim due to the loan of money for the purpose of attracting investment even around November 16, 2005 in the course of operating a real estate brokerage business.

Nevertheless, the defendant and C conspired to borrow money from the victim D by deceiving the victim as if the pre-sale would soon be made while building a commercial building in a boom.

Accordingly, around May 16, 2007, the Defendant: “F office located in Seocheon-gu, Seocheon-gu, Seoul will pay the interest of KRW 100 million on the fiveth of the month to the victim after the lapse of four months if the initial fund is required; “C shall pay the interest of KRW 100 million after the lapse of four months if the initial fund is loaned;” and “C shall show “the plan for new construction of the G Living Facilities in Hopo-si and the sale price table of the H building (the prior sale price)” to the victim at the site office located in Jongpo-si around the 18th of the same month, and if the purchaser fails to pay KRW 100,000,000,000,000,000,000 won including the interest of KRW 10,000,000,000,000,000,000,000 won.”

Since May 21, 2007, the Defendant borrowed the victim’s “F” office located in Seocheon-gu, Seocheon-gu, Nowon-gu, Seoul and then borrowed additional KRW 20 million to the victim, 140 million after four months.