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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
On August 20, 2015, the Defendant was sentenced to two years of imprisonment for fraud at the Busan District Court, and the judgment became final and conclusive on March 8, 2016.
The Defendant is a co-representative of the Executive Director C (C) (hereinafter referred to as “C”).
C was established on January 10, 2001, but it was deemed dissolved as a Dormant Company and registered its dissolution on December 4, 2006 due to no actual results. On October 22, 2009, the registration of continuation of a company was made on October 22, 2009, but there was no subsequent business activities and profits, and rather a loan of approximately KRW 85 million was already made in the financial statements in 2010. Since there was no business activities and profits since 2011, it had already been in the state of capital erosion on the financial statements. Since there was no real estate as a stock company without any substance as a corporate to the extent that it did not perform the corporate tax return without preparing the financial statements, it did not have any intent or ability to perform the removal of existing buildings and the removal of existing 35 billion won for total business expenses, and new construction of new D construction on the ground level 7.
Nevertheless, on June 3, 2013, the Defendant made a false statement to the effect that “G” in the hotel coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, would lend KRW 200 million to the victim with a loan borrowed money to transfer the right to remove the site of HI located in Seosan-gu and the right to dispose of waste, so that it may return it within 45 days at the latest and continue construction work.”
If the defendant takes the above H site removal construction right and waste disposal construction right into consideration to the victim, he/she should purchase the H site and ground factory building equivalent to approximately KRW 24 billion which he/she owns, and at the time, the defendant entered into a contract with I for the purchase of H site and ground factory building.