A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 17, 2013, the Defendant: (a) drafted a sales contract to purchase eight real estate (hereinafter “instant real estate”) including the Plaintiff’s I and J’s joint ownership (each share of 1/2) for KRW 390,000,000,000 from the Plaintiff’s K site and the K-based building (hereinafter “instant real property”); (b) deleted the provisional registration of the Victim JJ (hereinafter “instant provisional registration”) established on the four lots outside the above K site and the building on the K ground; and (c) concluded that if the creation of the collateral is completed as joint collateral, the Defendant would pay KRW 2,200,000,000 after subtracting the existing bank loan debt of KRW 170,000,000 established on the instant real property from the purchase price.”

However, there was no intention or ability to pay KRW 220 million, even if the victim J cancelled provisional registration and provided the real estate of this case as security by the victims.

On June 28, 2013, the Defendant: (a) informed the victims of such deception; (b) obtained, around June 28, 2013, the establishment registration of the mortgage amount of KRW 1 billion with the maximum debt amount of KRW 200,000,000,000,000 from the victims; and (c) obtained, around July 4, 2013, the purchase and sale balance of KRW 220,000,000,000,000, which was to be paid to the victims upon the cancellation registration of the instant provisional registration.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness, M, N, J and H;

1. Statement of the police officer concerning theO;

1. A copy of a real estate sales contract;

1. Copy of the transaction of passbook;

1. A copy of the officially assessed individual land price list and the appraisal report;

1. A certified copy of the register;

1. Each letter and each letter of performance;

1. Notice of completion of registration and notice of completion of registration, and document establishing a mortgage;

1. Application of Acts and subordinate statutes (Seoul Southern District Court 2015Gohap269);

1. Relevant Articles of the Act concerning the facts constituting the crime;