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Defendant
A shall be punished by imprisonment with prison labor for ten months.
Defendant
B A person shall be punished by imprisonment of one year and two months.
However, as to Defendant A, the same shall apply.
Reasons
Punishment of the crime
[Criminal Justice] On September 23, 2011, Defendant A was sentenced to two years of imprisonment with prison labor for fraud at the Seoul Central District Court on September 23, 201, and the said judgment was finalized on October 1, 201. Defendant B was sentenced to one year and six months of imprisonment with prison labor for fraud, etc. at the Seoul Central District Court on December 1, 201, and the said judgment became final and conclusive on February 9, 2012.
【Criminal Facts】
Defendant
A is a person who has been working as the head of planning office from February 2, 2006 as a real estate trust agent in E, and Defendant B is a person who has been working as the chairperson of E, a stock company under the name of “F”.
On September 19, 2006, at the E office located in Seocho-gu Seoul Metropolitan Government Building 507, the Defendants purchased 30-40% higher than the market price in order for the victims H to make a sales contract by consulting the creditors of the right to collateral security established in the above real estate in consultation with the creditors of the right to collateral security established in the above real estate to cancel the right to collateral security after collecting 30-40% more of the market price, and making it possible for the owners of real estate equivalent to 450 million won at the market price located in J Apartment-gu, Sungnam-si, Seoul Metropolitan City, and the wife population K. In order to make the right to collateral security cancelled.”
However, the defendants did not have any authority over the real estate introduced to the victim, and there was no intention or ability to make the victim to make a sales contract by making a debt at consultation with the creditors or by making the victim obtain a loan as security, and it was thought that the amount received from the victim was used as business expenses of the company.
The defendants are immediately from the victim to the foreign exchange bank account under the name of the E Co., Ltd. for performance guarantee.