Defendant

The punishment against A shall be 6 million won, and the punishment against Defendant B shall be 2 million won, respectively.

Punishment of the crime

Defendant

A is the representative director of apartment sales agency C, and the defendant B was the head of the above corporation C and was in charge of the affairs to introduce apartment units to sell in lots and conclude sales contracts.

Defendant

A concluded an agency contract with D from November 2009 and entered into an apartment sale contract with D, and around early 2014, he used the down payment and intermediate payment from the seller of the above E apartment in another construction site. When the civil petition is entered from the seller of the sales contract, he/she shall make to the maximum time, and when the seller of the sales contract enters into the sales contract, he/she shall additionally make an order to conclude the contract. The defendant B knew that he/she would use the down payment and intermediate payment to be paid from the buyer of the sales contract as the construction cost in another construction site, etc., on October 6, 2014, even though he/she knew that he/she would use the down payment and intermediate payment from the buyer of the sales contract, he/she shall deposit the down payment and intermediate payment to the victim F in the above E apartment sale office, and at the present E apartment sale office, he/she shall receive the balance and make a registration of ownership transfer for the above E apartment house H at the same time when the lawsuit is in progress.

However, in fact, Defendant A did not deposit down payment and intermediate payment received from the victim with G, and planned to use them for the construction cost in another construction site. Thus, even if the victim pays the purchase price, the Defendants did not have the intent or ability to have the said apartment H transferred the registration of ownership transfer.

The Defendants conspired as above by deceiving the victim, and received 40,002,350 won from the victim as the down payment on the same day, and 20,000,000 won as the intermediate payment around November 17, 2014, respectively, to the Agricultural Cooperative Account in the name of I, respectively.

(i) the evidence;