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Defendant
A shall be punished by imprisonment with prison labor for one year, and by imprisonment for ten months, respectively.
except that from the date of this judgment.
Reasons
Punishment of the crime
Defendant
A is the person responsible for apartment project of the regional housing association in Ansan-si (hereinafter referred to as the "association apartment project"), and the defendant B is the person who manages funds in relation to the recruitment of the members of the association's promotion committee for the apartment project by proxy (sale by proxy).
In fact, D Co., Ltd., the executor company of the partnership apartment business, was in a Dormant Corporation due to business difficulties, and the ownership of the land necessary for the progress of the business was not secured. E Co., Ltd., the contractor, applied for legal management to the court around December 1, 2014. The Defendants did not have been transferred the rights related to the partnership apartment business from D Co., Ltd., and therefore, the Defendants did not have the intent or ability to pay the fees to the victim even if the victim F recruited its members.
Nevertheless, the Defendants conspired to obtain money from the injured party after concluding a contract on vicarious recruitment of members with the victim and to receive the money for sale from the injured party. Defendant B is the office located in Seocho-gu Seoul Metropolitan Government G E Co., Ltd. around December 2, 2014, and the victim’s apartment of the Ansan City District Housing Association is to be built by E Co., Ltd.
It is false that the number of households in units is 1,518, and 4,70,000 won per household should be paid when the members are recruited, so that 100,000 won should be transferred to H corporation. Accordingly, 100,000 won should be transferred from the damaged person to the I bank account in the name of H corporation on the same day.
As a result, the Defendants conspired to attract the victim to receive property.
Summary of Evidence
1. Statement of the witness F and each of the J in the third public trial records;
1. Entry of each part of the witness K and L in the fifth public trial records;
1. A protocol concerning the examination of suspects of M by prosecutors;
1. A copy of a contract for sale by proxy, a passbook in the name of N.