A shall be punished by imprisonment for four years.

Defendant

B Attached Nos. 1, 3, 4, 6, and 7 of the Decision, and Attached No. 2 of the Decision. 2.

[Criminal Justice] On August 23, 2012, Defendant B was sentenced to two years of suspension of the execution of imprisonment for fraud at the Seoul Central District Court on August 23, 2012, and the judgment became final and conclusive on August 31, 2012.

"2013 Highest 1739"

1. The Defendants’ fraud is the chairman of Qa Co., Ltd., a planning real estate company, and Defendant B is the representative director of the above company.

The Defendants concluded a sales contract with only a down payment in physical color for the real estate in the area of Jeollabuk-do, and employed business employees to publicize as if there were various kinds of development plans, etc. by using newspapers, news reports, scrap, etc. regarding the possibility of development in the region, sold land to the members of the business or received money in the name of the purchase price from the members of the business, and conspired to exercise overall control over the selection of the project site and the management of the business performance, and Defendant B conspired to take overall charge of the business operation under the direction of Defendant A.

Q demanded monthly KRW 300 million as employees’ benefits, office rent, telephone expenses, and other office operating expenses. In the case of selling land, the monthly amount of KRW 100 million from KRW 150 million to KRW 150 million was required as the commission for the sale of land to be paid to the executives and employees of the company, but the sales proceeds of the company’s only revenue source was higher than the above required expenses and was higher than the payment of the company operating expenses. Therefore, even if the company purchased the land by borrowing the land as collateral, the company did not have the intent or ability to fully transfer the ownership due to the lack of intent or ability to complete the payment of the loan, and the land subject to the sale was able to register the share because it was not allowed to divide the

Nevertheless, on November 27, 2009, the Defendants purchased T-land to the victim S, a business employee, at the office located in Qcheon-gu Qcheon Branch Co., Ltd., Qcheon-gu, Chungcheongnam-gu, Qcheon-si.