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A defendant shall be punished by imprisonment for not less than one year and six months.
Each application for compensation filed by C, D, and E shall be dismissed.
Reasons
Punishment of the crime
"2012 Highest 6326"
1. On December 5, 2011, the Defendant against the victim F made a false statement to the H office, a planning real estate company operated by the Defendant on the 14th floor of the Gangnam-gu Seoul Metropolitan Government G building, stating that, through its employees, the victim F would have a crossingion in the surrounding land of Gangseo-gu I (hereinafter “instant I land”), and the purchase of the said land would lead to a large amount of the land value when it purchases the said I land at KRW 585,00,00,000,000, in parallel with the payment of the balance.”
However, the Defendant continued to pay the employees’ wages due to the lack of the above H’s financial position at the time, and was unable to transfer to investors due to the failure to pay other land sales proceeds, and thus, even if the Defendant received money from the said victim, he would have paid the employees’ overdue wages and thought to be used as the sales proceeds of other land, and the Defendant purchased the said I’s land and did not have the intent or ability to transfer the said land to the said owner.
Around December 5, 2011, the Defendant received KRW 1,00,000 from the said victim as a down payment, and received KRW 52,447,00 from the said national bank account as an intermediate payment on December 6, 2011, and acquired KRW 50,447,000 in total from the said national bank account as the intermediate payment on December 6, 201, and acquired KRW 50,000 in total from the said national bank account as the remainder payment on December 9, 201.
The Defendant, from May 2009 to May 2010, operated the planning real estate company's "J" as a business president in substance with K. In mid-2010, the saidJ changed its trade name to "L" and "H" from around 2011, and operated planning real estate-related business.
The Defendant purchased the above M Forest in relation to the Namyang-si M Forest (hereinafter “the instant M Forest”) in South Korea, and thus, the planning real estate business was defective.