The Defendant, on October 11, 201, entered into a contract with the victim C and Kimpo-si D apartment 115 Dong 402 from November 12, 201 to November 11, 2013, under which the lease deposit is to be leased KRW 100 million, and the Defendant would receive a loan from a financial institution in order for the Defendant to pay the remainder of the above apartment, and the victim would make a move-in report on the said apartment on November 15, 201, and received a fixed date on November 28, 201.

On December 30, 2011, the Defendant made a false statement to the victim, stating, “The Defendant: (a) set up a first-class collateral security at a financial institution to obtain a loan for remainder of apartment loans; (b) the Defendant temporarily transferred the remainder, but later transferred the remainder.”

However, in addition to the case of receiving a loan from a financial institution, the defendant only intended to borrow money to another person after establishing the second right to collateral security on the above apartment by using the difference in the transfer of the victim, and there was no intention or ability to maintain the second right to collateral security.

As the victim transferred his address on January 9, 2012, the Defendant borrowed KRW 40 million to E on January 12, 2012, and set up a second priority mortgage (the highest claim amount of KRW 40 million) on the above apartment under the name of E and caused the victim to lose the right of preferential payment under the Housing Lease Protection Act.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, F, E, G, and H;

1. Each police protocol of statement of C, E, F, and G;

1. Application of Acts and subordinate statutes to a copy of the lease contract for apartments and a certificate of full registered matters;

1. The Defendant’s determination of the assertion of the Defendant and his defense counsel regarding the pertinent Article of the relevant criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, and Article 347(1) of the Criminal Act, and the Defendant’s assertion of imprisonment option and defense counsel also borrows 40 million won from another person, and “No. 115 and No. 402 of the Kim