On October 21, 2011, the Defendant drafted a real estate sales contract with the victim D, who is the owner of the land 3,699 square meters in Namyang-si, Namyang-si, a certified judicial scrivener office located in Ulsan-gu, Seoul-si, and with a total purchase price of KRW 1 billion.

The payment method of the purchase price under the above contract was the following: (a) the Defendant succeeded to the Defendant’s loan obligation of KRW 900 million for the victim who was established a right to collateral security on land at the same time as the transfer of registration; and (b) the remainder of KRW 100 million paid the down payment amounting to KRW 10 million in lieu of interest on the loan; and (c) the remainder of KRW 70 million paid in cash.

However, the Defendant did not have any intention or ability to pay the purchase price according to contractual conditions, such as succeeding to the loan obligation, at the time of the transfer of registration.

On November 21, 201, the Defendant, by deceiving the victim as above, had the victim complete the registration of transfer of ownership on the land under the name designated by the Defendant, under the name of E.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The statement made by witnesses D in the third protocol of the trial, and the statement made by witnesses G in the fourth protocol of the trial;

1. The entry of part of the witness H in the third protocol of trial;

1. An interrogation protocol prepared for a private police officer (including the three-time, the whole-time, and H statements);

1. A copy of the land register, a copy of a statement of payment performance, a copy of a real estate sales contract, a copy of a certificate of certification (70,000,000 won for cash storage, a copy of a contract for real estate sales), a cadastral map, a land use plan confirmation

1. The application of the statutes on replies to requests for cooperation in investigation and replys to requests for cooperation in investigation;

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the defendant who is selected to imprisonment and his/her defense counsel

1. The Defendant and his defense counsel’s assertion is the victim and the Defendant at the time of concluding a sales contract on C’s land 3,699 square meters (hereinafter “instant land”).