Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment became final and conclusive against the Defendants.

Punishment of the crime

Defendants engaged in land development business with the trade name called C.

On July 3, 2013, the Defendants concluded a contract with the victim F to sell “157 square meters (hereinafter “defensive land”) at KRW 200 million in the E-real estate office located in Namyang-si, Namyang-si, Namyang-si, and concluded a contract with the victim for the purchase price of KRW 200 million (hereinafter “defensive land”). The Defendants concluded a false contract with the victim that “the contract amount is at least 20 million, but the contract amount is at the same time when paying the down payment.” If the Defendant pays the down payment of KRW 50 million to H, who is the person who created the right to collateral security on the said land, he/she would cancel the right to collateral security under the name of H and transfer the land ownership.

However, even if the defendant received the above money from the victim, he was able to repay the debt to the C employee's monthly salary and other creditors of C, and he did not have the intent or ability to cancel the right of collateral by repaying the debt to the above H.

The defendant deceivings the victim as above, and is a passbook in the name of the defendant designated by the defendant from the victim.

4. Three thousand won, and the same month.

5.20 million won has been remitted as a repayment for H’s obligation.

Summary of Evidence

1. Defendants’ respective legal statements

1. The part of the protocol of interrogation of suspect, each police statement about F and F;

1. Application of Acts and subordinate statutes to a deposit without passbook, and a written statement of past transaction records;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 347(1) and 30 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant B of the order of community service: The reason for sentencing under Article 62-2 of the Criminal Act;

1. Where considerable damage has been recovered in the mitigation area (one month - one year) (special mitigation area) of category 1 (less than 100 million won) by general frauds according to the sentencing guidelines;

2. As to the determination of sentence, the Defendants were ordered to cancel the right to collateral security on the instant land sold to the victim with the need for another project funds, and the amount equivalent to the maximum debt amount was remitted.