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Defendant
As to the crimes No. 1 and No. 2 of the judgment A, the defendant shall be punished by imprisonment with prison labor for 4 months and 2 months for the crimes No. 3 of the judgment.
Reasons
Punishment of the crime
[Criminal Justice] On October 1, 2010, Defendant A was sentenced to six months of imprisonment with prison labor for occupational breach of trust at the Seoul Central District Court and two years of suspended execution, and the above judgment was finalized on December 25, 2010. On September 13, 2013, Defendant A was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Seoul Central District Court and two years of imprisonment with prison labor, and the above judgment became final and conclusive on December 12, 2013.
Defendant
B On June 23, 2011, the Seoul Central Court sentenced 10 months to imprisonment for fraud and 2 years of probation on June 30, 2012, which became final and conclusive on June 30, 2012. On September 13, 2013, the Seoul Central District Court sentenced 1 year to imprisonment for fraud, etc. and became final and conclusive on December 12, 2013.
[Criminal facts in the 2013 Highest 6455]
1. The Defendants’ joint fraud crime (victim E’s fraud) committed by the Defendants (victim E) is a person who actually operated “stock company G” at the seventh floor of the Gangnam-gu Seoul Metropolitan Government F building, and Defendant B was a person who was a director of the said company.
In fact, the Defendants did not have any intent or ability to transfer the ownership of the said real estate normally to the victim, even if they received money from the victim E in the name of the purchase price, as the Defendants entered into a sales contract only with the former owner of the said real estate, and the payment of the balance and the securing of ownership was unclear.
Nevertheless, around July 28, 2009, the Defendants made a false statement to the victim of the G Office of the said G Co., Ltd. stating that “I will transfer ownership immediately if you pay the purchase price to the company in lots, I will transfer ownership.”
The Defendants conspired to induce the victim and then received 56 million won in total from the victim on July 28, 2009 through the account in the name of G Co., Ltd., the amount of KRW 4 million around August 4, 2009, KRW 10 million around September 1, 2009, KRW 34 million around September 1, 2009, and KRW 8 million around October 16, 2009.
2. The defendant A-.