Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

The request of the applicant for compensation shall be dismissed.

Punishment of the crime

Defendant

B and Defendant A decided to jointly develop the housing site and sell it to others, but the housing site development costs were insufficient, and there was a conspiracy to sell the F inyang City jointly owned by the Defendants to victims E and to acquire the proceeds.

around August 4, 2011, the Defendants would develop the down payment and the remainder as a housing site and make the registration of the transfer of ownership to the land to the victim in the Defendant A’s residence located in G at G at G at G, so that there is no problem about the said land.

A false statement was made.

However, at the time, the Defendants purchased real estate subject to development as a down payment received from H because they did not hold funds for the development of housing sites, and for this purpose, real estate subject to development including the above land was subject to the establishment of a collateral security right in the maximum amount of KRW 290,000,000,000,000 for each month, and there was a lack of operating funds of 1.5 million, and Defendant B used the above real estate subject to development as a company operation fund by obtaining a loan of KRW 80,000,000,000,000 as collateral, so even if receiving a real estate purchase price from the injured party, there was no intention or ability to cancel the collateral security which was established for the development of housing sites and to register the transfer of ownership.

As seen above, the Defendants, by deceiving the victim as above, acquired the victim’s money from the victim to the Defendant’s account by remitting the sum of KRW 5 million around August 4, 201, and KRW 25 million on April 29, 2012, and KRW 25 million to the Defendant’s account.

Summary of Evidence

1. Statement made by the defendant B in the first trial record;

1. Each statement made by the witness E, J and B in the second public trial records;

1. A protocol concerning the interrogation of the suspect against the defendant B by the prosecution;

1. Some statements made to the defendant A in the protocol of interrogation of the suspect;

1. Application of Acts and subordinate statutes to a real estate sale contract, a certified copy of cadastral map, a certificate of full registration, and a passbook of payment;