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Defendant
B Imprisonment with prison labor for 15 years and for 1 year, each of the defendants A.
However, this judgment is delivered to the defendant A.
Reasons
Punishment of the crime
1. Defendant B’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the fraud (2013 high-level 1324, 2014 high-level 495) operated R as a representative director, who is the president of the R Co., Ltd. (hereinafter “R”).
R on October 31, 2003, the Military Personnel Mutual Aid Association and Seoul Jongno-gu Tro-gu Tro-gu Trob redevelopment project agreement was made with the content of developing the land outside 78, and was leased KRW 135 billion from the Military Personnel Mutual Aid Association around December 2003.
R and Military Mutual Aid Association and Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) concluded a real estate disposal trust agreement on November 20, 2003 with respect to the land of business for the said redevelopment project, and on April 26, 2004, the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) respectively.
R From the beginning of 2004, from September 28, 2007, the construction of the above redevelopment project was completed on September 7, 2007 and the 20th above ground “U” (hereinafter “U”), sold approximately 820 units among the 882 units (office 529 units, 353 units) until completion, and approximately 60 units were unsold.
R terminated trust on January 15, 2008 for unsold US units. On January 15, 2008, for unsold 40 units of housing unsold in lots, the R concluded a security trust contract with the KB real estate trust company (hereinafter “KB real estate trust”) on January 15, 2008, and obtained a preferential right certificate, and obtained a loan from the Nonghyup Bank as security the amount of KRW 25.2 billion, KRW 15 billion, KRW 10 billion from V, and KRW 56.2 billion from the Promotion Mutual Savings Bank.
U's 40 units unsold in lots have been trusted in KB real estate trust, etc. with the NongHyup Bank, etc. as the first beneficiary, and thus, the Defendant sold the units to the first beneficiary immediately after receiving the sales price from the buyer, and terminated the trust of the above unsold in lots with the consent of the first beneficiary and the trustee.