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Defendant
S Imprisonment with prison labor for one year, each of Defendant Q and R shall be punished by imprisonment for one year and six months.
Reasons
Punishment of the crime
[2013 Highest 751] Defendant S and Q are the actual operators of the planning real estate sales agent business office of H Co., Ltd. (hereinafter “H”) located in Yeongdeungpo-gu from March 2010 to the sale office of H (hereinafter “H”), as the head of the headquarters, the above Party A takes charge of the sale of land and land for six parcels (hereinafter “instant real estate”). Defendant Q is the two team leader of the above G, and Defendant Q is the two team leader of the sale in lots, and Defendant Q is the one who takes charge of the sale of land and the management of employees, etc., with 7% of the sales price as the sales commission, while serving as the three team leader of the sale in lots.
Defendant
S and Q conspired to acquire money in the name of sale price by deceiving a large number of unspecified persons as if they were to develop into a site for electric power resource by dividing the real estate of this case with I who actually operated H, which is the above A and planning real estate company, and by using the road.
Defendant Q, at around October 2010, concluded that “The instant real estate was sold to the victim A, which is the land that was completed for purchase of the fested money at the time I was young,” and that “the leading road is made within the site of the entire house, and the road may be built in order from the lower part of the building in order to stop the building,” and that “the land division is not a problem with the settlement process prior to the filing of the lawsuit,” and that “the surveying company is selected for the registration of the present division and is under the surveying work.”
However, in fact, Defendant S and Q knew that the instant real estate was a “franchise” without access roads, and that the said I was unable to purchase L, Ma and M among the land sites for electric power resource business. The total area of the instant real estate was 150,000 square meters and exceeds the site standard for permission for development activities under the National Land Planning and Utilization Act, and thus, it was necessary to develop the instant real estate as a “electric power resource site.”