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Defendant
A shall be punished by imprisonment with prison labor for one year, and imprisonment with prison labor for ten months.
However, this judgment is delivered against Defendant B.
Reasons
Punishment of the crime
Defendant
On May 15, 2012, A was sentenced to one year and six months of imprisonment and one year of imprisonment at the Seoul Central District Court for fraud, etc., and the judgment was finalized on October 26 of the same year. On October 18, 2012, Defendant B was sentenced to one year of imprisonment with prison labor at the Seoul Central District Court for fraud, etc. and the judgment became final and conclusive on October 26, 2012.
1. The Defendants’ co-principal
A. Defendant A established and operated the F and H (hereinafter “F, etc.”) for real estate sales business in Gangnam-gu Seoul Metropolitan Government under the name of relative or branch, etc., and Defendant B was in charge of the business division while serving as the business president of F, etc.
F et al.: (a) purchased a large-scale real estate of an undeveloped low price from a seller and divided it into a lot inside 2,000 square meters; and (b) by dividing and selling a high-priced share to many unspecified persons through a telemer, F et al., the purpose of which is to obtain profits from resale is “Planning real estate business entity”; (c) there were 50 employees under the supervision of Defendant A, the president, and Defendant B, the president of the business, including managing director, director, director, and telemerter.
Defendant
After purchasing land subject to sale, A has ordered and urged Defendant B, a business president, to sell the land at any time by setting a business strategy, size of land division, sale conditions, etc., and has overall control over the affairs such as receiving a report on the daily business status and the current status of funds execution at any time or at least 2,3 days annually. Defendant B, upon the direction of Defendant A, provided the executive officers and departments with education on the possibility of development and sale of the land subject to sale, sales methods, telephone reception method, etc., and provided the same content through executive officers, department chiefs, etc., and provided them with education to the same content, and the development potential and sale conditions of the land subject to purchase to those who visit the company by the telemaz.