beta
Text
The defendant shall be punished by imprisonment with prison labor for one year and six months, and by imprisonment with prison labor for the second crime as stated in the judgment of the court.
Reasons
Punishment of the crime
[criminal power] On June 14, 201, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for the crime of forging private documents at the Suwon District Court on June 14, 201, and the judgment became final and conclusive on February 9, 2012. On April 9, 2014, the Incheon District Court sentenced three years of suspension of the execution to one year and six months of imprisonment with prison labor for fraud, and the judgment became final and conclusive on October 30, 2014.
[2014 Highest 7330]
1. A person who, around December 2011, served as a representative director of (ju)F established for the purpose of acting as an agent for a housing association.
On December 2, 2011, the Defendant: (a) at the Seocho-gu Incheon Franman, the Defendant sold the land for multi-family housing to the victim G in order to acquire the project right by participating in the bidding in relation to the project to implement the RC-4 district (hereinafter “instant RC-4 district implementation project”); and (b) if the Defendant borrowed KRW 110,000,000,000 as capital, it is necessary to pay the amount of KRW 3 billion out of the subsequent profits after acquiring the project right by participating in the RC-4 district bid.
However, from around 2007, the Defendant had been running the Yeonsu-gu Incheon Metropolitan City H apartment and commercial building sales business (hereinafter “H sales business”), but from January 201, the creditors’ seizure and provisional seizure due to excessive H sale of bonds was conducted since around January 201, and even if the Defendant borrowed money from others, it did not have any intent or ability to repay the money.
In addition, the RC-4 District Implementation Project requires the project cost of KRW 240 billion, and the bid bond amount of KRW 12 billion has already reached the H sale project and the H sale project has not been in excess of the obligation, the Defendant had no intent and ability to prepare the project cost, including the bid bond, for the RC-4 District Implementation Project.