A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Common Criminal Power] On August 23, 2013, the Defendant was sentenced to four years of imprisonment for a crime of fraud, etc. at the Jung-gu District Court on April 26, 2014, which became final and conclusive on September 2, 2015, and was sentenced to one year of imprisonment for a crime of fraud at the Jung-gu District Court on September 2, 2015, and the judgment became final and conclusive on September 10, 2015.

The Defendant is a person who operates a real estate sales company with the second floor of Gangnam-gu Seoul Metropolitan Government B building C (hereinafter referred to as “company”).

It is also premised on the 2019 Highest 318 case.

The Defendant entered into a sales contract with the owner of the land to be sold in the company, paid 10% of the purchase price as down payment, and employed employees such as a consultant for sale in lots, and solicited the customer to “the land to be sold is the land owned by the company, the development plan is expected to have already been developed, and the market price is anticipated to increase, and the registration of ownership transfer is expected to be made immediately after the division of the land,” and sold the land in the way of inducing the customer to enter into a sales contract, and making the balance to be paid to the owner of the land to be sold in return for the purchase price

From March 2010, the Defendant paid the monthly salary and office operation expenses of the company employees excessively from March 2010, and the company's financial situation is extremely difficult due to unreasonable sale and the conclusion of false contracts by employees, and thus, failed to pay the balance and the existing debts to the existing landowners. In order to raise the company's operating funds in the absence of the registration of transfer of ownership to the existing buyers, the Defendant was willing to raise funds through the sale of new land and began to sell the land to the customers after paying only the down payment on the date of the contract for the new land around March 25, 2010.