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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On September 2, 2011, the Defendant was sentenced to one year of suspension of execution on the part of six months of imprisonment with prison labor for breach of trust in the Incheon District Court Branch of the Incheon District Court, and the above judgment became final and conclusive on September 10, 2011.
[2012 Highest 1672] The defendant is a person who actually operates D Co., Ltd. established for the purpose of enforcement agency business, real estate sale, lease, public relations business, etc. in Ansan-si.
From August 2010, the Defendant had been engaged in the business of dividing the 605th floor and 607 units A-1 to A-11 and B-1 to B-14 of the 6th floor of the 6th floor of the 2010-Gu, Bupyeong-si E-gu.
On September 3, 2010, the Defendant entered into a sales contract with the content that the Defendant would supply the victim H with KRW 61,500,000,000,000 from the second floor G sales office of the building of the 2nd floor of the 2nd floor, Bupyeong-gu, Seocheon-gu, Seoul. From that time until September 18, 2010, the Defendant received KRW 5,01.60,000,000 from H for down payment and intermediate payment.
In addition, from that time until September 20, 2010, the Defendant entered into a sales contract with seven victims to sell each corresponding heading unit of the sixth floor of the building E, as described in the attached list of crimes, and received a total of KRW 50,297 million from the victims as the down payment and intermediate payment for each corresponding heading unit.
Since the Defendant received the down payment and intermediate payment from the victims as above, there was a duty to transfer the full ownership of the head office that concluded each contract for the sale of goods to the victims without any restriction.
Nevertheless, the Defendant, in violation of these duties, borrowed KRW 300 million from the Yongsan Credit Cooperative on November 1, 2010, and received the loan from the Yongsan Credit Cooperative on the whole of No. 605 and No. 607 of the above Ethical Ethical Ethical Ethical Ethical Ethical Ethical E, thereby obtaining pecuniary benefits of KRW 390 million and causing damage equivalent to the same amount to the victims.
2012 Highest 1870.