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(영문) 서울중앙지방법원 2012.10.31 2011고단7516
표시ㆍ광고의공정화에관한법률위반등
Text

Defendant

A Imprisonment for five years, Defendant B's imprisonment for three years, and Defendant C's fine for 10,000,000 won, respectively.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) is a corporation established for the purpose of real estate development and sale lease business, etc., and carried out the sale business of “I” located in Young-si H. Defendant A is the representative director of the Defendant Co., Ltd. and the director of the Defendant Co.

1. Defendant A and Defendant B attempted to sell the above I’s 1 and 2 floors to the general public while constructing the above I’s building with a building permit granted as an exclusive parking building, but it is anticipated that the sales price per square meter would be less than 40 million won. As such, Defendant A and Defendant B conspired to acquire the sales price by pretending that the sales price per square meter would be 20 million won by including the parking lot parts of the above building 3 and the 4th floor in the sales area.

On January 1, 2009, the Defendants prepared a sales check by adding the above I's first floor store size and the parking lot size, and sent it to J and K Co., Ltd., and introduced the sales price of the instant commercial building as KRW 1,8460,00 to KRW 2,670,000 through Internet real estate information news.

Around January 12, 2009, the person in charge of sale in the name omitted of the above K, showing the above list of sales in the above I's office, and explained to the effect that the above I's office "it is possible to sell the above I's first floor store at a significantly lower price than the old and the old and the old fishery industry market at a level of KRW 20 million, and it is planned to create incidental facilities such as auction places, storage, business facilities, etc. on the third and fourth floor parking lots, and the sold parking lots can be used as the annexed parking lot for the first floor, which can be used as the commercial building for exclusive use, and it is possible to create additional profits through the operation of the parking lot."

However, the above I's 3 and 4 parking lots can be installed not only in the law but also in the auction house, warehouse, and business facilities.

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