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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On August 24, 2016, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Central District Court, and the said judgment became final and conclusive on April 5, 2017.
Criminal facts
The Defendant is a representative director of D Co., Ltd. (hereinafter referred to as “D”) established for the purpose of civil engineering, construction work, etc.
School Foundation E (hereinafter referred to as “E”) entered into a contract to purchase approximately KRW 56.2 billion on August 17, 2009, after obtaining approval for change of the location of the school from the Seoul Office of Education in order to move the site of the school into 23,683 square meters in Songpa-gu Seoul, Songpa-gu Office of Education, and entered into a contract to sell the existing E land, such as Seoul, Songpa-gu Seoul, and eight parcels, including Seoul, for sale of KRW 160 billion to H around July 27, 2009, and received down payment of KRW 8 billion, but the contract to purchase the above F land with approximately KRW 56.2 billion on or around August 17, 2009 was reversed, and the contract to purchase the F land was revoked due to the cancellation of the approval for the relocation of the Seoul Office of Education around June 1, 2012.
The defendant did not discuss the above school foundation E about the above school site transfer project, and did not have the intent or ability to take over the above project due to the lack of funds, and there was no fact that he asked about the project implementation and the possibility of success to the Seoul Urban Development Corporation, etc., and even if he received money from the victims, he did not have the intent or ability to newly construct the school building or to repay the borrowed money.
Nevertheless, the Defendant, through I and J around the end of November 201, concluded that “A school will be transferred to another school, and a part of the construction will be reduced to KRW 500 million,” and, through I and J on December 2, 201, the Defendant has all the authority by concluding a contract for transfer of E-transfer business from DH to the victims.”
If a school relocation project is implemented with the consent of use from SH Corporation, the construction may be ordered.
for consent to land use.