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Defendant
A shall be punished by imprisonment for four years, and imprisonment for three years, respectively.
Reasons
Punishment of the crime
Defendant
A A A is a person who has been operating the F Co., Ltd. F (hereinafter referred to as “F”) mainly engaging in real estate development, and Defendant B is a person who runs real estate brokerage business under the trade name of “G Licensed Real Estate Agents” while carrying the name of the head of the real estate team F.
In fact, real estate development projects involving procedures, such as the purchase of real estate, the design of civil engineering, and the development of civil engineering works, and even if the development is completed, it is difficult to predict the profitability accurately. In addition, even if all the Defendants at the time did not have any specific property and are in a bad credit condition, and in particular, Defendant B did not have any funds to use real estate development other than the investment funds to be raised by another person in a situation where the personal debt exceeds approximately KRW 1.8 billion, and thus, even if having received money from another person, there was no intention or ability to create profits from development by completing the development project by using the entire real estate development project and pay
1. Nevertheless, on June 25, 2008, the Defendants made a false statement to the effect that “If G Licensed Real Estate Agent Office, F office, etc. located in the H building in Busan H, the Defendant would purchase the land and if he/she invests KRW 240 million in an amount of KRW 200,000,000,000, which is good to J, would be developed as the factory site, and would bring 200,000 won to the principal of the investment amount into the factory site after three months.” At the F office around June 25, 2008, the Defendants made a false statement of investment dismissal to the same effect as the victim.
The Defendants received KRW 240 million from the victim to the Gyeongnam bank account in the name of F for real estate development investment around June 25, 2008.
2. On July 2008, the Defendants continued to enter into a contract with the victim I at the seat of the Krastop and the above F office located in the Daegu Suwon-gu.