Defendant

A Imprisonment with prison labor for each of the crimes set forth in Section 1 and 4 in the judgment of the court below for 4 months, and for each of the crimes set forth in the judgment below for 2 and 3 months.

. The apartment supply contract was concluded;

However, the G Regional Housing Association obtained the authorization of establishment of a partnership on October 28, 2008 and obtained the authorization of business plan until 2012, to recruit 70 members (520 households) who considerably fall short of 70 percent, and did not obtain the approval of business plan at the time of entering into a contract with the victim, and did not meet the conditions for concluding a contract with the contractor, as the transfer of ownership of the project site was not done at all, and it did not meet the conditions for concluding a contract with the contractor. Since the G Regional Housing Association was in fact going into business based on the down payment secured by its members, it did not have any intent or ability to complete the instant apartment.

Nevertheless, the Defendant made a false statement as if the Defendant could supply the instant apartment to the victim in a normal way, and then acquired the total amount of KRW 40,80,000 from the victim by remitting KRW 11 million as operating expenses of the association to the national bank account (AD) in the name of the Asia Trust Co., Ltd. (14008*6*) with the new bank account (14008*6*) in the name of the Asia Trust Co., Ltd. (1408*) on July 1, 2009.

Summary of Evidence

[2015 Highest 5394]

1. Defendant C’s legal statement

1. The defendant B's partial statement

1. Each legal statement by a witness C, L and J;

1. The protocol concerning the interrogation of the suspect by the prosecution against the defendant B or C (including the cross-examination);

1. Statement made to the prosecutor by the J;

1. Statement by the police concerning L;

1. A real estate sale contract;

1. A certified copy of the register of land owned by the religious person;

1. Receipts:

1. The fact of issuing the check;

1. Account transactions;

1. A supply contract;

1. Voluntary advance payment certificate [Defendant A and his defense counsel are arguing that there is no possibility that the Defendant was involved in the crime of fraud between B and C, but the following circumstances acknowledged by each of the above evidence, namely, the Defendant’s request for the sale or sale of apartment units by issuing a supply contract and a certificate of advance payment to C, and the victim.