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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for two years, respectively.
However, this judgment is delivered against Defendant A.
Reasons
Punishment of the crime
Defendant
B as the representative director of the Nam-gu E Co., Ltd., the person who purchased the land of the Dong-gu F church at the time of Ulsan, and planned the construction project at this time, and the defendant A promised to invest the above construction project in the above construction project.
1. On August 13, 2008, Defendants B agreed to enter into a sales contract with G, which is a member of the above F church, and the above land and its ground property, with the purchase price of KRW 1125 million, and to pay the remainder as the down payment on October 15, 2008, and to pay the remainder as the remainder as the down payment on the same day, but the loan limit of financial institutions already anticipated on October 15, 2008 was lower, so even if the Defendants borrowed money from the victim H, they did not have the intent or ability to purchase the above land by paying all the balance and to conduct construction works.
Nevertheless, the Defendants conspired in collusion, and around 14:00 on October 16, 2008, at the Busan International Bank, Defendant A purchased the land of the Ulsan-dong-gu J and constructed studio, etc. at the same time, and attempted to sell it to the victims. The Defendants made a false statement to the effect that “I will return the principal and dividends within 20 million won if I borrowed the money due to a shortage of 120 million won, and if I will work as the responsible manager at the construction site.”
As a result, the Defendants conspired to induce the victim as above and received KRW 120 million from the victim on the same day.
2. Defendant B’s sole criminal conduct
A. On August 13, 2008, the Defendant, such as the forgery of a sales contract, etc., had K to the auditor of the said company without authority for the purpose of exercising the above office at the above company office, and in the indication column of real estate in the form of the sales contract, “Ulsan Metropolitan City J in Dong-gu and the purchase price column.”