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Defendants shall be punished by imprisonment for not less than two years and six months.
Of the facts charged in the instant case, the fraud against the victim K is acquitted.
Reasons
Punishment of the crime
1. Defendant B is a director of L Co., Ltd. (hereinafter “L”), and Defendant A is a director of L Co., Ltd. and the representative director of M Co., Ltd. (hereinafter “M”), who is a person jointly engaged in L and M, and Defendant B is a person engaged in the execution and management of L Co., Ltd.
2. On September 2005, the Defendants, such as the sale price, etc., wanted to sell Nran commercial buildings to L workers, “The 1st underground floor that was newly constructed in the O and 3 parcels of land, and the N commercial building that is being newly constructed on the fourth floor above the ground (hereinafter “instant commercial building”). Upon completion of the said new construction, the Defendants would have completed the registration of ownership transfer for the said commercial building. In addition, the said commercial building is already in the status of “the 100% sales store occupants of overseas direct imported brand,” and the 10% rental contract is the 10% sales unit after the end of the 100-year rental contract, and the 10% rental contract is the 10% monthly rent revenue in the 10-year financial right, and guarantees the payment guarantee for the monthly rent revenue, securing profitability and safety through the management of agricultural funds and management of KB real estate, and entered into the agreement with the 111% rental fee and development agreement for five years.”
In accordance with the direction of the Defendants on September 6, 2005, the employees in the L’s name misstatement made false statements to the victim Q Q to the above purport in the sales office located in P in the period of harmony around September 6, 2005.
However, in fact, even if the sale price and development cost are paid, there was no intention or ability to complete the registration of ownership transfer for the above commercial building.
As above, the Defendants deceptioned the victim Q and received the total amount of KRW 41,432,400 from the victim Q from September 6, 2005 to February 6, 2006 as the sale price and development cost.
other than.