The Defendants dismissed the motion of the applicant for compensation.

1. Defendant A, around 2006, became aware of the victim’s identity while working in the same building as the victim E, and Defendant B became aware of the victim’s identity in relation to real estate sale and purchase through Defendant A.

The Defendants, knowing that the victim had a plan to purchase the factory site, were aware of the fact that he sold the real estate of this case to the victim as the factory site and acquired the purchase price by the victim.

On June 3, 2008, the Defendants made a false statement to the effect that “The Defendants shall transfer their ownership after cancelling an auction in progress at the present time, and shall also obtain the permission for the establishment of a factory from the victim at the I Office of the operation of H in Busan-gu, Busan-gu.”

However, in fact, when Defendant B received down payment from the victim, it was used to repay the debt of KRW 421 million including the loan of KRW 366 million for the instant real estate, and did not intend to cancel the auction of the instant real estate. In addition, there was no intention to apply for permission to establish a factory through a third party with regard to the permission to establish a factory at the time, and there was only predicted rejection disposition and cancelled the application, and there was no ability for the victim to obtain the permission to establish a factory.

As such, the Defendants conspired to deception the victim and received KRW 86 million from the victim as the down payment around June 3, 2008.

2. Determination

A. The following facts are acknowledged according to the evidence duly adopted and investigated by this Court.

(1) On June 3, 2008, when Defendant B entered into a sales contract with Defendant B on June 3, 2008, setting the purchase price of the instant real estate as KRW 430,000,000 with the introduction of Defendant A, and on the same day, Defendant B paid the down payment of KRW 86,000,000 to Defendant B, and the remainder amount of KRW 340,000,000.