Defendant

A Imprisonment of six months, Defendant B shall be punished by a fine of 1,00,000 won.

Defendant

B The above fine shall not be paid.

Punishment of the crime

1. On July 25, 2013, at around 14:00, Defendant A provided the Victim E with the “D Real Estate” office located in Busan-gu Busan-gu, Busan-do, as a collateral, the victim E with the F apartment at the Busan-gu, Busan-do, Busan-gu, 201, stating that “The apartment market price is KRW 170 million, the maximum debt amount for the bank loans is KRW 150 million, and is an abandoned house with no deposit or tenant, and one year, if he/she lends money.”

However, in fact, the above apartment house was concluded on October 6, 2012, and the tenant was residing in the tenant as the monthly rent contract for the apartment (the tenant A, G, and the duration of the lease deposit 2,00,000 won) was concluded on October 22, 2013, and on December 2013, the tenant did not have the intention or ability to repay money from the victim even if he borrowed money from the victim because the economic condition was not good to the extent of filing an application for individual rehabilitation on December 2013.

Accordingly, the Defendant, by deceiving the victim as such, received money from the victim to H of the bank account in the name of the Defendant from the victim and acquired the money from the victim as the borrowed money.

2. On January 25, 2013, Defendant A and Defendant B filed an application for individual rehabilitation and sent the list of individual rehabilitation creditors to the above E, and upon having confirmed that the monthly rent contract for the above apartment was entered into on October 6, 2012, Defendant A was subject to the investigation from E and at risk of criminal complaint, Defendant A expressed the circumstances to Defendant B. The Defendants, at the time of borrowing money from Defendant A, did not have the tenant at around July 25, 2013, and agreed to deliver the monthly rent contract for the apartment to E by altering the monthly rent contract as if the monthly rent contract was concluded thereafter.

The Defendants conspired to act on December 6, 2013 and without authority on the part of Defendant B for the purpose of exercising the monthly rent contract for apartment of October 6, 2012. Defendant B was the lessor A of the apartment rent contract of October 6, 2012, and Defendant B was the lessor A of the apartment rent contract of October 6, 2012 at the residence of Defendant B of the city of Suwon-gu, Busan.