Text
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who was a substantial representative director of D Co., Ltd.
On February 20, 2014, the Defendant entered into a joint agreement to jointly implement the above project on the “H Creation Corporation” project, which is a real estate development project of 20,469 square meters in F forest land and G forest land of 42,537 square meters, at the Busan District Court located in the Busan Seo-dong Busan District Court. On August 13, 2014, the Defendant entered into a joint agreement to jointly implement the above project on the following grounds: (a) if the Defendant already invested KRW 1,60,000,000, and the actual owner of D Co., Ltd. and entered into a contract on the said project site, etc.; and (b) around August 13, 2014, at the K Office of the victim’s management company located in Songpa-gu Seoul Special Metropolitan City J building 701, the Defendant acquired 100% of the said project site and company shares of D Co., Ltd. and management rights from the Defendant to be transferred to the victim’s management right.
However, the Defendant previously proceeded with I
H Development project did not have invested KRW 1.6 billion in the development project, and around February 20, 2014, it did not have entered into a sales contract with I for the project site, etc.
The Defendant entered into a sales contract with I on February 24, 2014 only after receiving KRW 300 million from the injured party on February 21, 2014 in accordance with the above joint business agreement, and thereafter, the Defendant entered into a sales contract with I on February 24, 2014.
In the end, the above sales contract was rescinded and the victim did not have any intent or ability to smoothly carry out the above business, such as requesting the lending of business expenses, such as the acquisition price of stocks, or the acquisition price of business rights, even though the payment of the above business site was reduced between I and I after the conclusion of the contract for transfer of stocks and business rights with the victim.
fundamental facts.