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Defendant
A shall be punished by imprisonment with prison labor for a year and two months, and by imprisonment with prison labor for a year.
However, as to Defendant A, this shall not apply.
Reasons
Punishment of the crime
[Status and background of the Defendant] The Defendant was in office as a regular manager of the Company C from January 2016 to December 2016, and was engaged in the business of selling and selling the commercial buildings owned by the said Company E from March 2016 to December 7, 2016, and was engaged in the business of selling and selling 70 commercial buildings unsold in lots owned by the said Company E from March 2016 (hereinafter “each unsold commercial buildings in lots”). Defendant B decided to purchase each unsold commercial buildings in lots in this case from Company C, but it was impossible to pay all the unsold commercial buildings except the down payment. As the Defendant B decided to purchase each unsold commercial buildings in this case from Company C, it was a person in charge of the business of selling and re-transfer them to the general seller.
Meanwhile, among the unsold commercial buildings in this case, the Defendants were sold in lots to G prior to the sale to the victims of the title F, but the sales price of KRW 30 million out of the sales price was not paid to G Co., Ltd. as a whole, and the Defendants failed to pay the entire sales price of KRW 30 million out of the sales price to H, who was entrusted by the Defendants to sell in lots, was in a situation where the sales price was not paid to H, which was being in progress by the Defendants, equivalent to KRW 100 million.
【Criminal Facts of Crimes】 The Defendants shall pay the total purchase amount of KRW 200 million to the victim I, J, and the first floor shopping mall F, among the unsold commercial buildings in this case, the victim I, and the first floor sales office located in D on October 18, 2016, and pay the down payment of KRW 90 million until October 18, 2016, and the remainder of KRW 100 million until October 25, 2016, respectively; and the remainder of KRW 10 million after the victims accept the obligation to return the lease deposit to the previous tenant and transfer the ownership after the remainder is received.