A defendant shall be punished by imprisonment for two years.

Each of the facts charged in this case.

Punishment of the crime

The Defendant is an implementer who newly built 96 households of urban residential housing (hereinafter referred to as “D”) in the name of Pyeongtaek-si C.

On May 29, 2012, the Defendant entered into a new contract with E Co., Ltd. (hereinafter “E”) to newly construct D in 3.3 billion won, and entered into a false sales agreement with F Co., Ltd. (hereinafter “F”) that makes it difficult for the Defendant to pay construction cost due to shortage of funds while investing 800 million won from F Co., Ltd. (hereinafter “F”), and entered into a false sales agreement as if he/she bought D with relatives, lands, E, and F-related persons, etc., with the intention to receive an intermediate payment from the victim GF (hereinafter “victim”) based on the sales agreement.

On August 2013, the Defendant filed an application for part payments with the victim Shin-up Office located in the Busan City/Gu H, and submitted a sale contract in the manner that the F representative I sold the part payments, which was written as if it was sold. The Defendant submitted to the employee in charge of G new cooperation.

However, in fact, D's down payment 2,9150,000 won, which was prepared by the written contract for sale in the name of I, was paid by the defendant from the D's account for management of D's proceeds, and I did not actually sell or purchase D, and even if it was given an intermediate payment from the victim's new union, there was no intention or ability to repay it.

As above, the Defendant, as well as the receipt of KRW 1757,750,000 from the victim’s credit union by deceiving the victim’s credit union and then being transferred from the victim’s credit union to the management account of proceeds in sale on September 5, 2013, was transferred to each of the above funds as part payment loans, 2.21,475,00 won in total over 16 times as shown in the attached Table 1 of the Crimes List 1.

Accordingly, the defendant was given property by deceiving the victim's confidence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness J, K and L;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of Police with M, J, and N 1.