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Defendant
A Imprisonment with prison labor for two years and for three years, respectively.
However, this judgment is delivered against Defendant B.
Reasons
Punishment of the crime
Defendant
A is the representative director of the above company, who operated the F building B 401 of the F building B, a real estate sales company, and Defendant B, as the business director of the above company, the Defendants conspired to receive money in the name of the purchase price or rent deposit from those who wish to purchase or lease the above company in the operation of the above company, without intention or ability to sell or lease the H's commercial building.
1. On September 3, 2014, Defendant B violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), at the office of G Co., Ltd. around September 3, 2014, and the victim I purchased 19 commercial buildings among H buildings at KRW 8 billion.
Since the hospital will enter and leave the second and fifth floors of the above building, if you purchase H 105 and 106 from G, it would guarantee the operation of exclusive pharmacy in the above building and make a false statement on September 30, 2014 that the above two commercial buildings will be purchased at KRW 700 million.
However, on April 18, 2014, G Co., Ltd. concluded a real estate sales contract to purchase a total of 19 commercial buildings from J, K, and L, the owner of which KRW 6.3 billion, down payment, KRW 6.30 million, and KRW 630 million, out of the down payment, at the time of the conclusion of the said contract, G Co., Ltd. paid the said J, etc. only KRW 300 million out of the down payment. The remainder of the down payment, intermediate payment, and remainder to be received by applying for a loan to a financial company, such as the Saemaul Federation, etc. as security, and the purchase price to be received by selling the remaining down payment, intermediate payment, and H’s other commercial buildings. However, even though the Defendants did not have any particular revenue or property, and there was no specific plan to occupy hospital on the second and fifth floor of H at the time, and even if having received the purchase price from the damaged person, the Defendants thought it to be used for the purpose of the existing loan, interest, etc.