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Defendant
A and B shall be punished by imprisonment for ten months.
Defendant
A The above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant A is the representative director of the corporation D with the purpose of real estate sales business, etc., and the defendant B served as the president of the corporation mentioned above.
D Co., Ltd. paid 1/3 equity (hereinafter “instant land”) out of Gyeonggi-gun E 455,200 square meters on April 9, 2012, and was awarded a bid bond in KRW 5,110,00.
The Defendants: (a) sold part of the instant land to another person without the ability to pay the remainder of the instant land; and (b) conspired to use the said money.
Defendant
B around April 2012, around Jongno-gu Seoul Metropolitan Government, concluded a sales contract with the victim F for the Gyeonggi-gun E 3,306 square meters (1,000 square meters) and made a false statement to the effect that “The registration of ownership transfer will be made if the payment is made.”
However, the Defendants did not have any other way to prepare the bid price in addition to borrowing money from another person for the said land due to the shortage of the company’s operating funds, such as office rent, employee salary, and allowances, while running the planned real estate business. Accordingly, the Defendants did not have any way
7. around 9.9. Around 45 million won borrowed from a third party to pay a balance and set up a mortgage of 60 million won with a maximum debt amount, thereby having no intention or ability to transfer a full ownership even if a part of the land in this case is sold to the victim.
Defendants are victims of the same damage.
4. Around 19.10,000 won was transferred to a national bank account under the name of a stock company D, as a sales price for the land of this case, KRW 90,000,000,000 won on the 23.17.1 million on the same month, and KRW 33 million on the 26.5 million on the 26.5 million on the same month.
and the same year
6. around 9.0: (a) a victim’s new bank account in the name of G used by Defendant B for the purpose of purchasing an additional 330 square meters (100 square meters) with respect to the instant land; and (b) a sum of KRW 3 million shall be transferred from the victim’s purchase price.