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1. Defendant A and B shall be punished by imprisonment with prison labor for four years and by imprisonment with prison labor for two years.
2. Provided, That as regards Defendant C, it shall be applicable.
Reasons
Punishment of the crime
[The relationship between the parties concerned] Defendant B is a person who actually owns the second floor of building E (hereinafter “the building of this case”). Defendant A is a woman F who is a woman living together with Defendant B and manages the building upon the request of Defendant B. Defendant C is a person who, as a sales agent, agreed to receive 16% of the sale price as a sales commission and agreed to receive 16% of the sale price as a sales agent, and G is an operator of “H”, an educational company, to operate the English Village and English Private Teaching Institutes, etc. in the building of this case.
[2015 Highest 1906] [Defendant]
1. On May 14, 2014, the Defendants, via K, Defendant C’s employees, presented brochures on the 2, 3, and 4th floor of the building E, and “H”, which is an English educational business entity for the next ten years, planned to operate the English village in the building of this case, and H would pay a lease deposit and a rent of 8% per annum to the seller from July 2014 to the buyer from July 14, 2014, and the first three years will be paid by us, and thereafter H will be paid.”
However, G operating “H” was a person who failed to attract an English village throughout the country without operating funds and offices, but tried to attract the English village throughout the country, and not only did not have the intent or ability to operate the English village and the English private teaching institute in the instant building, but also did not have the ability and intent to pay a rent of about 8% to the victims. The Defendants knew that G operating “H” had no intent or ability to operate the English village in the instant building, and even if receiving a payment from the injured party, there was no intention or ability to pay a rent of 8% per annum. Moreover, Defendant B and Defendant A, a sales agent, around May 20, 2014.