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Defendant
A Imprisonment with prison labor for two years, and for ten months, for each of the defendants B.
However, from the date this judgment became final and conclusive, Defendant.
Reasons
Punishment of the crime
1. On December 3, 2014, Defendants A purchased from the victim D the “Seoul Dong-gu E building (the 9th floor, the 1st floor underground floor)” from the victim D at KRW 3.8 billion, and paid the victim KRW 400 million for the same day as the down payment, and paid the remainder of KRW 3.4 billion on December 22, 2014. However, in collusion with Defendant B, the Defendants, who are the fraud, unilaterally reversed the said contract in collusion with Defendant B, but did not confiscate the down payment, and did not collect the down payment in full, as follows. From around 14:00 on December 14, 2014, Defendants: “In the name of the victim from “F” located in the 1st floor of the building, “In the name of the corporation that traded the down payment in the building at once, a corporation is able to deposit the down payment in the name of the corporation and transferred the down payment in the name of the owner immediately.”
However, even if the Defendants were to receive the down payment from the victim, they did not intend to make a re-transfer to the victim.
The Defendants conspired to deception the victim as above and received KRW 400 million from the victim’s account (number H) in the name of the State.
2. When Defendant A was at the risk of being punished for fraud cases like the preceding paragraph, Defendant A sold E-building at the Busan Summer Police Station located in 665 as Dogdog-si, Busan, on April 7, 2015, and on December 3, 2014, Defendant A sold E-building to himself/herself on or around December 3, 2014. Although the management status of the building was less than the rent, Defendant A’s net profit is absolutely guaranteed only a minimum monthly rent of KRW 20 million.
It shall be subject to criminal punishment if it is not guaranteed to twenty million won or more per month.
b) the Commission;