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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Attachment] On August 16, 2012, the Defendant was sentenced to four years of imprisonment with prison labor for a crime such as fraud at the Chuncheon District Court, and the Defendant and the Prosecutor appealed, and on December 18, 2013, the Defendant appealed after being sentenced to seven years of imprisonment with prison labor and fine of 5,00,000 won at the Chuncheon District Court. However, on February 27, 2014, the said judgment became final and conclusive by dismissal of the appeal by the Supreme Court.
【Criminal Facts】
The defendant is a person who actually operates Ctel 404 in Gangnam-gu Seoul Metropolitan Government D, a real estate consulting company.
In collusion with pro-friendly E on May 2010, the Defendant: (a) in collusion with the Defendant, at the time corporate tax of KRW 1 billion is in arrears; (b) the personal debt of KRW 1.5 billion exceeds the amount of KRW 1.5 billion; and (c) was intended to receive money from the victim F to use money for the management fund of the company and repayment of obligations; and (c) in the absence of the intent or ability to sell the land, E sought land to sell; (d) entered into a sales contract with the victim F; and (e)
1. On May 29, 2010, E made a false statement to the effect that “If he/she purchases Pyeongtaek-gun G, he/she would have a high profitability on a short period of time.” At the same time, E/she made a registration of ownership transfer at the same time with the payment of any balance.”
E entered into a sales contract with the victim for the amount of KRW 400 on the same day, and around June 7, 2010, he/she received KRW 60 million from the victim to the account in the name of the said company as the sales price.
2. On August 26, 2010, E made a false statement to the effect that “If he/she purchases Pyeongtaek-gun H, he/she would have a high profitability on a short period of time, and simultaneously make the registration of ownership transfer at the same time as the remainder payment.”
E enters into a sales contract with the victim on the same day, namely, the amount of KRW 3 million from the victim on the same day and the amount of KRW 33 million around the 27th day of the same month, shall be the account in the name of the above company.