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1. Defendant A shall be punished by imprisonment with prison labor for eight months.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal records] Defendant A was sentenced to one year and two months of imprisonment by interference with auction at the Suwon Methods Board on February 13, 2017, and the above judgment was finalized on February 21, 2017. Defendant B was sentenced to two years of suspension of execution on February 21, 2017 and the above judgment became final and conclusive on February 21, 2017.
[2] The Defendants were in possession of the second to fifth above ground from the second to the fifth above ground from among the E buildings in Ansan-gu, the two spouses of which are in common, and have been in possession of the officetel 86 households while running the leasing business.
1. On June 4, 2012, the Defendants entered into a contract with the victim F and the above officetel 512 with respect to the victim F and the above officetel 512 at the 1st floor office of the above officetel located in Ansan-si, Ansan-si, the Defendants entered into a contract with the victim F and the above officetel 512 to extend the term of lease of KRW 62 million by raising the deposit amount from KRW 55 million to KRW 7 million.
However, the Defendants: (a) paid the interest of KRW 30 million per month on bank loans (the maximum amount of KRW 4.56 billion, and the amount of KRW 3.8 billion) borrowed from the above officetel as security to May 2012; and (b) did not pay from June 13, 2012; (c) the maturity date of the above loan was June 13, 2012; (d) however, Defendant B was in a situation where it was difficult to repay the principal due to excessive debt, and thus, there was a risk of auction on the above officetels.
Nevertheless, the Defendants did not notify the victims of the danger of auction at all, and deceiving the victims, and received KRW 7 million from the victims on June 4, 2012, from the victims, and acquired the financial benefits that have been deferred due to the repayment period of KRW 55 million.
2. On May 24, 2012, with respect to the victim G and the above officetel 404 at the 1st floor office of the above officetel located in Ansan-si in Ansan-si on May 24, 2012, the Defendants’ fraud against the victim G, the deposit term of KRW 65 million is from June 16, 2012.