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Defendants shall be punished by imprisonment for eight months.
Reasons
Punishment of the crime
Defendant
A as the representative director of the F and the representative director of the State B, the Defendants agreed to sell profits after purchasing and selling H’s land. The Defendants agreed to enter into a partnership business with the intent to attract investors, and Defendant B decided to take charge of purchasing land.
1. On May 4, 2010, the Defendants of the fraud against KRW 10,100,000, saying, at the (ju)G office operated by Defendant B in Mapo-si, Si, Mapo-si, that “If the Defendants leased KRW 110,000,000,000 to the victim J, they would repay the principal within three months and give 1,000,000 out of the above land within five months.”
However, in fact, the Defendants thought to use the money from the victims as personal activity expenses of the Defendant A, the employees’ benefits and operating expenses of the (ju)G, the personal debt repayment amount of the Defendant B, and the down payment for other land. Since the access road to the said land was not secured, it was impossible to develop the said land within a short period, there was no intention or ability to repay the principal within three months.
As such, the Defendants were paid KRW 30 million from the victim on May 4, 2010 to the Defendant’s account, and KRW 80 million on May 13, 2010 to the Defendant’s account, respectively.
As a result, the Defendants conspired to obtain 110 million won from the victim.
2. On May 31, 2010, the Defendants introduced the L and M land of the Cheongjin-gun, Incheon, the said victim at the office of the said state (G office) around May 31, 201, saying, “The surrounding market price is one million won per square meter, and the neighboring market price is 1,00,000 won per square meter, and the land is 3,80,000 won per square meter at the cost of down payment and intermediate payment, and the Civil Works Corporation is free of charge.”
However, the defendants receive money from the victim.