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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[2014 Highest 6445] The Defendant is the head of G Co., Ltd. (hereinafter “G”) who entered into a service contract for the sales agency of the instant commercial building and takes charge of sales practice with the executor who carries out the construction project of E (hereinafter “F”), such as theater, commercial building, shopping mall, etc. on the ground of land outside Seosan-si, Seosan-si, and 13.
F) Around December 27, 2005, the F drafted a construction sale agreement on the instant commercial building between Hyundai Remodelling Co., Ltd., Ltd., a loan financial institution, Gwangju Bank (hereinafter “Gwanju Bank”), Gwangju Fire Insurance Co., Ltd., Dongdong Fire and Marine Insurance Co., Ltd., and project manager’s Korean Survey Co., Ltd., and the instant commercial building was an agreement to manage the sales revenue management account (Account Number (H) deposited in the F and Gwangju Bank’s joint name, because the sales contract was difficult to obtain effective sales if the parties to the sales contract transfer the sales price to any account other than the above sales revenue management account.
Nevertheless, on July 2008, the Defendant entered into a sales contract at the price discounted by about 30 to 40% from the actual sales price, and conspired with K, the representative director I, the director in charge of the sales, the J, and the representative director G of the sales agency, who is the executive company, to use the sales price for other accounts such as the account in the name of F, or the account in the name of G, not the sales revenue management account.
Therefore, the defendant shall be the victim M in G office located in Seosan L and the second floor around July 12, 2008.