Defendant

A shall be punished by imprisonment for four years, by imprisonment for eight months, and by imprisonment for one year and six months for Defendant C.

Punishment of the crime

"2014 Highest 759, Defendant A"

1. On June 2013, the Defendant against the victim E is seeking to sell the F apartment sales office in the F apartment sales office in Bocheon-si around 2013 to G with a price lower than the market price due to the lack of money at present in acquiring the whole of the F apartment sales center in the public auction.

15 and 116 of the commercial building's 115 and 116 are sold in the original 290 million won, but they are sold in the amount of 240 million won.

On the face of the purchase price, at least two weeks made a false statement to the effect that the ownership is to be transferred, and that G had the victim E deliver the said false statement.

However, in fact, in order to acquire the above commercial building, the defendant had obtained a loan of approximately KRW 900 million from the Hemna Fishery Business Cooperative, and as a security for the above loan, the above commercial building was planned to set up a mortgage of KRW 1170 million with the maximum amount of the loan amount of KRW 1170 million from the above union as well as the defendant did not have the intent or ability to transfer the full ownership of the commercial building even if he did not receive the payment from the injured party, even if he did not have any specific income or property and could not cancel the registration of the above mortgage establishment.

Nevertheless, the defendant deceivings the victim as above and acquired 100 million won from the victim through the national bank account in the name of G on the 26th of the same month from the victim.

2. Around June 24, 2013, the Defendant made a false statement to the effect that “The Defendant would transfer ownership immediately after receiving the purchase price,” to the victim at the said F apartment sales office, stating that “The Defendant would sell F 103 commercial buildings of KRW 110 million on the F 10 million to the victim.”

However, even if the defendant received the above sales amount from the injured party, he did not have the intent or ability to transfer the full ownership of the commercial building to the injured party.

Nevertheless, the defendant is the victim as above.