Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

However, as to Defendant B, this shall not apply.

Punishment of the crime

On December 14, 2010, at the G Licensed Real Estate Agent Office located in F, the Defendants arranged for a sales contract to purchase “J land and its ground and its land, and K land (hereinafter “instant real estate”) in the name of L and M from the victim H to purchase “the instant real estate” from the G Licensed Real Estate Agent Office in Chungcheongnam-si on December 14, 2010, and decided to act as an agent for the payment of the purchase price, the procedure for transfer of ownership, etc.

On January 12, 2011, the Defendants concluded that “On the part of the victim’s house located in Seocheon-gu Seocheon-gu N, Seocheon-gu, Seocheon-gu, 201, the Defendants sent 150 million won total of KRW 158 million and registration tax to I first pay the balance due to the balance to be paid by us.”

However, the Defendants did not intend to purchase the land prior to the surrogate University because they received the instant real estate loan as collateral and paid the remainder, and did not pay the remainder on behalf of the victim, and were thought to use the money received from the victim for the purpose of personal debt repayment, etc.

On January 13, 2011, the Defendants received KRW 158 million from the victim via a passbook in the name of the head of the O managed by the Defendants.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness H, P, I, Q, and R;

1. Investigation report (Evidence Nos. 60);

1. Written opinions and record;

1. Application of Acts and subordinate statutes on loans, such as a certified copy of the register, details of deposits, notarial deeds, written notes, receipts, and written statements;

1. Relevant Articles 347(1) and 30 of the Criminal Act and the Defendants’ choice of punishment for criminal facts

1. Defendant B of suspended execution: The Defendants’ assertion as to the Defendants’ assertion under Article 62(1) of the Criminal Act are the victims after the conclusion of the sales contract for the instant real estate.