Defendant

A Imprisonment for two years, and Defendant B shall be punished by a fine of five million won.

Defendant

B The above fine shall not be paid.

Punishment of the crime

Defendant A is the actual owner of the F apartment in Gohap-gun, Gohap-gun, and Defendant B is the person registered as the commercial owner in the name of the above apartment.

1. Defendant A

A. On January 2012, the Defendant at the victim G management I, which was located in Gohapcheon-gun H, Chungcheongnamcheon-gun, G, the Defendant said that “In order to construct the F apartment of Gohap-gun, I would like to supply the victim with building materials necessary for the construction of the apartment, if he/she supplied the building materials necessary for the construction of the apartment, he/she would pay the purchase price in cash or apartment as substitute property after the completion of the apartment.”

However, since the defendant had no particular property in possession at the time, and the apartment was being constructed through the loan from the financial institution, even if the apartment is completed, even if the apartment was completed, there was no intention or ability to pay the price of the building materials through cash payment or apartment lot repayment even if he received the building materials from the injured party, because the situation that the financial institution should give a preferential security right.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained the construction materials such as the sum of KRW 140,685,500 in the market price from January 4, 2012 to April 16, 2013 from the victim, and acquired them by deception.

B. On September 27, 2013, the Defendant against the victim J stated that “The Defendant would immediately terminate the said right to collateral security upon the payment of KRW 150 million with the deposit money,” to the victim J who visited the said office in order to seek the lease of an apartment. The Defendant said that “The said right to collateral security will be terminated upon the payment of KRW 150 million with the deposit money.”

However, in fact, the above F apartment No. 701 is not the maximum amount of KRW 130 million, but the maximum amount of KRW 1.44 billion through joint collateral creation with other units of apartment units, such as other units of apartment units, and thus, the Defendant was the victim.