2016 Highest 324 Fraudulent

1. A;

2. B

In case of a trial, a second-time trial;

Attorney C (for the defendant A)

September 29, 2016

Defendant A shall be punished by imprisonment with prison labor for six months and by imprisonment for ten months.

However, the execution of each of the above punishment against the Defendants shall be suspended for two years from the date this judgment became final and conclusive.

A shall provide community service for 80 hours to Defendant A, and provide community service for 120 hours to Defendant B.

Criminal facts

Defendant A is the actual representative of the FF delegated by the Cooperative Promotion Committee with respect to the E Apartment District Housing Association project implemented in Busan Metropolitan Transportation Daegu D, and Defendant B is the head of the sales team in charge of the sales of the said project.

1. The Defendants’ joint criminal conduct with H

The Defendants, in collusion with the Defendant, who is the chairperson of the above association, did not obtain the approval of the business plan from the competent authority, and did not know whether the project was being carried out, and even though the specific building scale was not determined, it was impossible to designate and sell a specific Dong and heading, the Defendants were urged to receive so-called so-called off premium in addition to the general sale price from the victim I, by deceiving the Defendants as if they were given preferential treatment to move in the above apartment-to-be apartment building, which is scheduled to move in, around December 2017.

On August 2014, Defendant A, who was delegated by the above H, ordered Defendant B to give and receive the premium from the contract for the sale of apartment pentices, and Defendant B, around September 10, 2014, ordered the victim to enter into the publicity center of the E Apartment Regional Housing Association located in the Busan Maritime Affairs and Daegu High Court on September 10, 2014, “E apartment construction of 46th floor size is commenced on or around December 2014 and can move into the victim at around December 2017. In addition to the general sale price, if the payment of premium is made in addition to the general sale price, Defendant A made a false statement to the false statement that “I would give preference to the sale of the pentice 4603 Dong 103.”

As a result, the Defendants conspired with H in successive order and deceiving the victim as above, and received KRW 35 million from the victim around September 18, 2014, an apartment house 103 Dong 4603, and issued KRW 4603,00,000 from the victim under the pretext of the sales premium in pentbox.

2. Joint criminal conduct with Defendant B H

On August 2014, according to the direction of H around August 2014, the Defendant: (a) failed to set a business schedule for the same reasons as that of paragraph (1); (b) was unable to sell a specified Dong and lake; and (c) did not have a senior seller in 106 dong 4304; (b) did not appear, the Defendant was able to receive the premium from the victim K by pretending to be in a relationship with the senior

On September 18, 2014, the Defendant explained a plan for the progress of the project to the victim in the public relations center of the above E District Housing Association, such as Paragraph 1, and made a false statement to the prior seller that “If the Defendant wishes to purchase an apartment 106 dong 4304, he shall pay the premium to the prior buyer.”

As a result, the Defendant conspired with H in order to deceiving the victim, and received from the victim, that is, the delivery of KRW 16 million in the name of apartment sales premium No. 4304, 106, 4304, from the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's protocol of statement concerning I, L and M;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Defendant A: Articles 347(1) and 30(Preparation of Imprisonment) of the Criminal Act

Defendant B: Articles 347(1) and 30 (Joint Fraud, Selection of Imprisonment) of the Criminal Act, and Article 347(1) of the Criminal Act (Fraud and Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Defendant B: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Suspension of execution;

Defendants: Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1148, Apr. 1, 2011; 201Do1348, Apr. 29, 2011; 201Do328, Apr. 2

1. Social service order;

Defendants: each of the Defendants under Article 62-2 of the Criminal Act

Judges Regular Award