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Defendant
B, C, and D shall be punished by imprisonment for six months.
However, as to Defendant B, for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Defendant
A (former name G; hereinafter the same shall apply) established H (hereinafter referred to as “H”) around February 21, 2013, and entered into a sale contract with K and a “sale agency contract” with the representative of J Co., Ltd. (hereinafter referred to as “J”) around August 1, 2013, at the auction of approximately KRW 844 square meters (hereinafter referred to as “instant commercial building”) of five stories 2,785.95 square meters (hereinafter referred to as “instant commercial building”) on the fifth floor of the Y-dong-gu, Seoyang-gu, Seoyang-gu, Busan.
Defendant
B, C, and D, as a staff of J, are engaged in the business of inviting buyers to enter into a sales contract by inviting buyers according to the above sales agency contract, and receive a certain amount of allowances per case whenever the sales contract is concluded.
Defendant
B, C, and D, while counseling the victim M in the H office located in Eunpyeong-gu Seoul, on December 20, 2013, after receiving the Defendant C's solicitation call, the victim was recruited to receive the sales contract by using these conditions of the victim, knowing that the victim's mental and physical condition was insufficient to make judgment compared to the general public due to intellectual disorder and that it is easy for the victim to go beyond the suspicion, and then, the victim was willing to receive the sales contract by receiving the sales contract by using these conditions, and then the victim was aware that "the victim was unable to evaluate the ability to pay the sales price and profits due to mental and physical disorder." On the same day, the victim was provided with KRW 30 million from the victim as the sales price."
As above, the Defendants conspired, by deceiving the victim by using the mental disorder of the victim, and thereby, received KRW 30 million from the victim. Among them, the amount of KRW 16 million shall be paid by J as a sales commission and acquired the above amount of KRW 16 million, and KRW 14 million shall be paid to H operated by Defendant A, thereby allowing H to obtain pecuniary benefits equivalent to KRW 14 million.
In this respect,