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Defendant
A Imprisonment with prison labor for one year, and for one year and six months, respectively.
Reasons
Punishment of the crime
The facts charged were revised to the extent that it is not disadvantageous to the defendant's defense right.
[Criminal Justice] On January 13, 2017, Defendant B was sentenced to a two-year suspended sentence of imprisonment for fraud at the Seoul Northern District Court on June 2017, and the judgment became final and conclusive on July 28, 2017. On August 16, 2018, Defendant B was sentenced to a four-year imprisonment with prison labor at the Seoul Northern District Court for fraud, etc. and the judgment became final and conclusive on April 25, 2019.
【Criminal Facts】
"2018 Highest 1310"
1. The Defendants, as a co-principal relationship, planned to raise funds under the pretext of running real estate development projects in lots forest land of 17 lots, such as Gyeonggi-gu, Gyeonggi-gun C, etc., and to carry out the conclusion of a real estate sales contract with the funds raised as above.
On January 8, 2013, the Defendants made a false statement to the effect that “after purchasing 1140,000,000 won forest land of 17 parcels, such as Gyeonggi-gun C, and by forming and selling it into a housing site, the Defendants may obtain profits from the purchase of the said forest land, and, if selling it by dividing half of the profits within three months, investing KRW 180,000,00 in terms of the contract deposit and development expenses for the purchase of the said forest.”
However, at the time, the Defendants did not have any particular property owned by them, and were difficult to raise funds for the purchase and development of the land for the project, and was in a situation where the sale of the land was difficult by the National Land Planning and Utilization Act and the ordinances of Pyeongtaek-gun, which did not properly confirm the possibility of actual implementation and profitability of the development project, such as the fact that it was difficult to sell the land in installments through the creation of the said housing site at the time. Therefore, even if receiving money from the victims, there was no intent
Ultimately, the Defendants conspired to attract the victim and let the victim purchase the forest above on the same day.