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A defendant shall be punished by imprisonment for ten years.
Reasons
Punishment of the crime
[criminal power] On October 28, 1997, the defendant was sentenced to seven years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Daejeon High Court and completed the execution of the sentence on January 4, 2004 in the Daejeon Prison.
【Criminal Facts】
The defendant of "2012 Highest 205" is a person who has been engaged in the construction business as the chairperson of C (the representative director in the register of directors: D).
The defendant, as a director of the above company, was engaged in activities as the office of E and the above company head, prepared documents and managed funds with F, and managed a number of apartment buildings that have been supplied by the subcontractor in the name of the employee or sold in lots in the name of the employee. The defendant knew that he could purchase apartment buildings, acquire lease on a deposit basis, or make a profit from investment in the apartment-related business at a price less than the market price as if he would invest in the apartment-related business, by deceiving him as if he would be able to purchase apartment buildings, acquire lease on a deposit basis, or make a profit from investment in high amount.
1. Fraud;
A. On March 2008, the Defendant: (a) from “H Lestop” located in G in Gangdong-gu Seoul Metropolitan Government, the Defendant made the victim I through “H Lestop” to purchase KRW 500 million of K apartment 1,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000, and paid as down payment and intermediate payment; (b) borrowed the intermediate payment, and (c) transferred the ownership of the said apartment. However, in the case of K apartment, the Defendant said that “I would be able to move into the K apartment if I reside in the L apartment for one year.”
However, not only the defendant did not manage K apartment but also acquired a right to lease on a deposit basis for L apartment as agreed to the victim or purchased K apartment after one year.