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Defendant
A shall be punished by imprisonment with prison labor for a year and ten months, and by imprisonment with prison labor for a year.
However, from the final date of this judgment.
Reasons
Punishment of the crime
Defendant
A is a person who was the head of an association of “E-agricultural partnership” for the purpose of real estate development projects, etc. with an office located in the same place as the actual representative of “D Real Estate” located in Gangwon-gu Seoul Metropolitan Government.
Defendant
B is an intermediary assistant for "D Real Estate" and a person who has been in charge of the practice of an association as a member of the E Farming Association.
1. The Defendants’ co-principal
A. On July 2013, the Defendants conspired to make an investment in the real estate development project at the victim F’s location, such as the above “D Real Estate Office,” saying, “The Defendants would have a considerable profit if they make an investment in the real estate development project. At present, the Defendants would purchase the land necessary for the project in the amount of KRW 420 million and would also make an investment in the project. Therefore, the Defendants would have to make an investment in the project.”
However, even though the Defendants already decided to purchase the land in KRW 250 million, they did not make a false statement in order to collect the investment amount from investors, including the victims, in order to collect the investment amount from the investors including the victims, and they did not hold the funds to invest in the business, and they did not make a mere investment as if they were engaged in the business, and eventually, they did not have the intent or ability to promote the business normally as stated by the victims because they did not have the intent to do so.
From July 18, 2013, the Defendants conspired in collusion with the victim to induce the victim to make investments in the five-dimensional account from the victim, and then receive KRW 50 million in total through the Nonghyup Bank account in the name of the husband G of the Defendant A around August 21, 2013, KRW 100 million through the Nonghyup Bank account in the name of the Defendant A around September 11, 2013, KRW 50 million through the said Nonghyup Bank account in the name of the said incorporated farming association around September 11, 2013, and KRW 50 million through the same account around January 7, 2014, respectively, and receive KRW 250 million.