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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant's principal office is the director of H (registration number: I) who is the representative director of E (F) corporation with the second floor of the Seoul Southern-gu, Seoul Metropolitan Government, the main office of which is 510 representative directors of G building.
1. On July 8, 2011, the Defendant against the victim J refers to the victim J in the Nranc shop located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, “The head office of our company referred to as “E (registration number: F) with the aim of the company’s head office D and 2 stories in the Nam-gu, Incheon.”
In addition, I would like to construct the heavy trading complex of L on the ground of Oral-Gu K in Bocheon-gu.
I would like to sell L 301 commercial buildings after the completion of the construction of the high-pollution site as security due to the shortage of funds.
“.....”
However, in fact, the Defendant did not have property at the time as a bad credit holder, and rather was responsible for heavy debts, and was under criminal trials due to fraud, and there was no ability to carry out the above business. Therefore, even if the Defendant was provided as security from the injured party, he did not have the intent or ability to sell the L commercial building.
Nevertheless, on August 18, 2011, the Defendant: (a) by deceiving the victim as above; (b) provided the victim with 4,050 square meters of the Gyeonggi-gu PP forest in the name of the victim; and (c) using the same, set up a collateral security on the said land as a debtor on August 18, 201, the maximum amount of the claim amount of KRW 225 million with the Defendant as the Defendant.
Accordingly, the Defendant acquired the pecuniary profit equivalent to KRW 25 million of the maximum amount of the above claim.
2. The auditor R of the victim Q is aware of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (MM: I; hereinafter the same shall apply);
The victim Q retires from S, Inc. (hereinafter referred to as “Non-State Industrial Development”), which led to hearing that there is a conflict or conflict between the sub-state industrial development and the sub-state industrial development due to equity liquidation, and reporting the above contents to the Defendant, and making an investment from the damaged party.