On February 16, 2009, at the Raf Licensed Real Estate Agent Office located in the Newdong, Songpa-gu Seoul Metropolitan City, the Defendant agreed to enter into a sales contract with the victim C in the amount of KRW 750,000,00,000,00,000, which is owned by the Defendant, to dispose of all of the collateral obligations, such as various seizure, provisional seizure, and collateral mortgage, established on the above apartment.

However, at the time of fact, the Defendant was liable for the debt equivalent to approximately KRW 2.6 billion, including the bond and other real estate collateral obligations. The Defendant loaned the above apartment from the Songpa Agricultural Cooperative as collateral and set up the collateral amount of KRW 468 million with the maximum debt amount of KRW 460 million. The Defendant borrowed KRW 460 million from the Song wave Agricultural Cooperative, which was set up the collateral amount of KRW 598 million with the maximum debt amount of KRW 240 million with the E-ju store operated by the Defendant and the joint collateral, and there was no intention or ability to set up all the collateral obligations, such as various seizure, provisional seizure, and collateral security obligations established in the above apartment, even if the Defendant was paid KRW 750 million with the victim due to the attachment of the debt amount of KRW 240 million with the above apartment, the delinquent debt amount of KRW 20 million with the Songpa-gu Office, and there was no intention or ability to set up the collateral obligations, such as various seizure, provisional seizure, and collateral security obligations established in the apartment.

The Defendant, by deceiving the victim as above, received a total of KRW 750,000 from February 17, 2009 to August 14, 2009, a sum of five hundred and fifty million won from the purchase price, etc. of the above apartment from the victim, and acquired it by deception.

Summary of Evidence

1. The statements of witnesses C and F in the third protocol of trial;

1. Examination protocol of the accused by prosecution;

1. Application of a certified copy of register, real estate sales contract statutes;

1. Article 347(1) of the Criminal Act regarding criminal facts, Article 347(1) of the choice of punishment, the reason for sentencing of sentence [the decision of type], which is a general fraud, shall be at least five hundred million won, and less than five billion won (special-speed persons] - willful negligence of mitigation elements.