Defendant

B shall be punished by imprisonment for a period of four months.

Defendant

A shall be innocent.

Punishment of the crime

【Defendant B, on December 10, 2015, appealed with imprisonment of one year and two months for fraud, etc. in the Southern District Court of Gwangju on the other hand, but was sentenced to dismissal of appeal at the appellate court on March 16, 2016, and the Defendant withdrawn the appeal and became final and conclusive on April 12, 2016.

[Defendant B’s fraud] On April 3, 2014, Defendant B sold the land F (hereinafter “the instant private land”) owned by the said victim E at KRW 53,240,000 at the said office of the Korea Authorized Brokerage Agency, together with the said office of the said D Authorized Brokerage Agency, for KRW 53,240,00,00, but was paid KRW 20,000 as the down payment to the victim E by releasing the neighboring mortgage and provisional seizure set up in the instant private land and by transferring the ownership until the remainder payment.

However, as seen in paragraph (1) above, when it was impossible to transfer the right to lease of the State-owned land of this case to the victim, the amount of KRW 30 million which was paid as the right to lease transfer deposit of the State-owned land of this case around April 2014 was to be substituted for the purchase price of the private land of this case.

On June 22, 2014, the Defendant made a false call to the victim, stating that “The Defendant would immediately cancel collateral security and provisional seizure and transfer ownership, by adding up the balance of the purchase price of the instant private land and the amount to be paid in cash to A, and making up for five million won a total of money.”

However, the defendant did not have any other occupation and did not have any intention or ability to transfer ownership to the victim, after cancelling the right of due diligence and provisional seizure equivalent to the total amount of 80,273,145 won of the right of collateral security and the claim amount of provisional seizure.

Nevertheless, on June 22, 2014, the defendant deceivings the victim as above and acquired 5 million won from the victim to the above bank account.

[Embezzlement 2015 Highest 2529: Defendant B’s embezzlement] around May 21, 2013, at H office located in Yeongdeungpo-gu Seoul Metropolitan Government, Defendant B made the Defendant and I in de facto marital relation I to the victim BS Capital (after the change: BNK Capital).