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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[criminal record] On October 17, 2014, the Seoul High Court sentenced two years of suspended sentence to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and decided on October 25, 2014. On August 7, 2014, the Seoul Central District Court sentenced one year and four years of suspended sentence to imprisonment for fraud at the Seoul Central District Court, and decided on March 3, 2015. On January 23, 2015, the above judgment became final and conclusive on January 31, 2015.
The Defendant was the representative director of B (State) from October 28, 2008 to September 25, 2009, and C (State) from January 13, 2010 to July 20, 2010, and D was the joint representative director of E from April 13, 2009 to July 20, 201, the joint representative director of C (State) from February 27, 2009 to December 21, 209.
D) Around April 2008, D accepted shares of (State) E, but the debt owed to F, (State)G banks, etc. reaches KRW 10 billion, making it impossible to cover the interest solely on the revenue of the rent of F, (State) E, the Defendant knew that if there is a sale contract, it would be possible to raise the funds, and the Defendant was to raise the operating fund using the sale contract for some of H apartment units among H apartment units.
On November 26, 2009, the Defendant, at the office located in Seocho-gu Seoul Metropolitan Government I, entrusts the victim J with the duties of selling part of the H rental apartment owned by “(State)E to the general public at the cost of KRW 150 million per household, even though the rental period has expired, but the lessee is unable to sell to the lessee.
Although the actual sale price is KRW 150 million, in order to sell in lots the company's funds to KRW 120 million, it is intended to complete the registration of transfer of ownership from the end of December 2009, because there is a debt of KRW 45 million per household, KRW 45 million for national housing funds, KRW 45 million for national housing funds, and KRW 90 million for the remainder of KRW 30 million.
The phrase “ makes a false statement.”
D, however, to the F of the E (State).