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Defendants shall be punished by imprisonment for six months.
Defendants jointly and severally pay 38 million won to the applicant for compensation.
Reasons
Punishment of the crime
Defendant
B as an in-house director, a person who has been engaged in apartment construction project in F 24,581.5m2 (hereinafter “instant land”) located in Changwon-si in the name of the said company, and Defendant A is a person who has assisted the said implementation project for Defendant B.
From June 201 to June 201, the Defendants discussed whether to give the victim a contract for the removal of the building on the instant land that will occur in the future with the victim D, Defendant B said, through Defendant A, that, on December 27, 2011, Defendant B said, “It is necessary to give a contract for the removal of the building on the instant land, which will occur in the future, to the victim at the H (ju) office located in the Busan Geum-gu G located in Geumcheon-gu, Busan.”
However, if the Defendants were to perform the aforementioned removal work in the instant land or to give a contract to another person, the Defendants should obtain the approval of the housing construction project plan on the premise of the said construction project, and then be able to acquire ownership by paying the purchase-price to the owners of the instant land. In addition, the Defendants did not obtain the approval of the housing construction project plan from the Chang-si at the time of December 27, 201 (the Defendants did not obtain the national approval) and did not know whether to approve the plan (the Defendants did not obtain the national approval). On February 22, 2011, the Financial Services Commission issued a disposition of the suspension of business for the savings bank on February 22, 2011, and the Government announced the “the savings bank construction plan for the first half of July 4, 2011,” so it was impossible for the victims to obtain the above purchase-price loan from the financial institution as collateral, and thus, there was no intention to remove or have ability to do so.
The Defendants deceiving the victim as above, and Defendant B is a quid pro quo for the contract for removal from the victim.