Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

except that from the date of this judgment.

Punishment of the crime

"2016 Gohap 45"

1. On December 10, 2014, Defendant A violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by Defendant A entered into a contract with L, the representative director of the victim company, with the purchase price of KRW 2.15 million, including the down payment of KRW 13.5 million and the remaining amount of KRW 2.15 million and the purchase price of KRW 2.15 million, on the same day as the down payment, at the “I Authorized Brokerage Office,” located at H in Gunsan-si, Sinsan-si, Jin-si (hereinafter “instant real estate”).

On January 9, 2015, the Defendant, at the Office of International Certified Broker (I) around January 9, 2015, knew that there is a dispute with the Victim Company M in connection with the instant real estate, and asked L to transfer the registration of real estate first to the effect that there is an open date in M and C. If so, the Defendant would pay the balance by February 27, 2015, which is the payment date of the remainder.

In addition, since the cost of transfer of registration is required, KRW 100,000,000 won is loaned. It is necessary to receive KRW 500,000 from the latter, which will pay the cost of transfer of registration without molding until January 29, 2015.

“.........”

However, in fact, the Defendant was a bad credit bad person who had no certain income at the time and has been liable for a debt worth KRW 150 million or more without any particular property, and paid a down payment out of the real estate purchase price to another person. Since it was in the state of not confirming whether the secured debt amount of KRW 1630 million established on the instant real estate is succeeded to or is entitled to a new collateral loan, even if the Defendant received the registration of ownership of the instant real estate from the victim company and transferred the borrowed money, the Defendant did not have the intent or ability to pay the balance of the purchase price or to repay the borrowed money.

After all, the Defendant deceiving L as such, and thereby deceiving L from L, the instant real estate was equivalent to KRW 2.15 billion at the market price on the same day.