1. On March 26, 2015, the Defendant made a false statement to the effect that “The Defendant shall return 35 million won including 5 million won within a week when he/she returns money to the victim C from his/her own account in the name of an enterprise bank (D) in the name of the Defendant’s name, for the same day as the purchase right of the purchase, from the victim, to the end of his/her second apartment model house in Ulsan-gu, Ulsan-do. The Defendant was transferred 30 million won through the bank account (D) in the name of the Defendant for the same day.

However, at the time, the Defendant was not in good financial condition due to the burden of personal debt equivalent to about 60 million won, and even if the Defendant received money from the victim as the purchase of the right of sale, the Defendant did not have the intention or ability to return the total amount of KRW 5 million within a week after purchasing the right of sale.

Ultimately, the Defendant was remitted 30 million won by deceiving the victim.

2. Around March 2015, the Defendant received a request from the victim F and G to sell and purchase H apartment 113 Dong 1202 located in the racing-si from the victim F and G through Samsan-dong, Ulsan-dong.

On April of the same year, the Defendant sold the above sales right to C, received money of KRW 34960,000 from the above company bank account to transfer money to the victims, and embezzled by arbitrarily using KRW 329,000,000 out of the above money for personal purposes, such as repayment of debt, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution;

1. Each police statement to C, F, and E;

1. Application of the Acts and subordinate statutes to copies of passbooks deposited to the suspect, photographs of the H apartment supply contract, and written statements of transactions of enterprise bank accounts used by the suspect for committing the crime;

1. Relevant Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act; Article 355(1) of the Criminal Act; the choice of imprisonment with labor;

1. First (Fraud) of the reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes.