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Defendant
A shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 19, 2010, the Defendants agreed to refund the said investment expense to H by April 18, 201, with the victim D and the victim E, to the G Co., Ltd. office located in F4 stories, respectively, KRW 200,000,000,000,000 from the actual operator of the said company, respectively, as the investment expense for the new construction of the I building implemented by the said company, but the principal amount of KRW 200,000,000,000,000,000,000,000,000,000,000 won until September 30, 2011.
In addition, the Defendants received the original of the sales contract for the above I building 201 from H at the same place as security for the above investment money and profit, and the original of the sales contract for the above I building 201 was decided to be kept by Defendant A, and delivered KRW 200 million to H around that time.
Defendant
A agreed to keep the original of the above contract for sale for the victims between the defendant B and the victims, and there was a duty to keep the original of the contract for sale for sale until H was returned the investment principal and profit.
Nevertheless, even though H did not receive any refund of the investment principal and profit from H, Defendant A, at the end of October 2010, caused the risk of loss of the said investment security amount to KRW 200 million by returning the original contract for the above sale in lots to H without the consent or consent of the victims of the said contract at the K pharmacy located before the K-si, Gwangju-si.
After all, Defendant A has acquired property interest in the market price by allowing H to dispose of the above I building 201 with the original contract for the sale in lots at will, and caused the risk of loss of security for investment principal and profit to the victims. In the indictment for property loss in the market price, Defendant A has acquired property interest in the market price corresponding to the value as indicated in the contract for sale in lots.