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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
The Defendant is the actual owner of C (hereinafter referred to as “C”) and the representative director from August 26, 2008 to September 14, 2010. Since October 4, 2010, the Defendant, registered as the representative director, managed the entire fund and management of the said company. C is a company that, from January 2009 to September 2010, conducted the new construction business of G stores on the nineth ground floor above the ground level (hereinafter referred to as “instant land”).
1. On April 27, 2010, the Defendant made a false statement to the effect that “The Defendant, at the Seocho-gu, Changwon-si C office, newly constructed G commercial buildings on the two parcels, including F in Changwon-si, Jinwon-si, and, at the same time, sold KRW 120 million as the down payment to be sold in KRW 326,937,750.”
However, as the defendant started the construction of the above new commercial building and started the sale business, the defendant's funds were only KRW 300 million, and there was no systematic business plan in addition to the vague concept that only the bonds and the sale price can cover the purchase price of the site and the construction cost, and it was unclear whether the construction work can be completed due to excessive debts exceeding KRW 10 billion at the time.
As such, the Defendant, by deceiving the victim H, received KRW 120 million from the said victim, and subsequently acquired KRW 3,502,658,89 in total from June 16, 2009 to May 24, 2010 by the same method from 17 victims as indicated in the list of crimes, including the transfer of KRW 120 million from the said victim.
2. Around November 2010, the Defendant agreed to transfer the name of the J and the owner of the above commercial building, the representative director of the I (hereinafter “I”) in the above C office, to I, and agreed from J to I, in return for the transfer of the above owner’s name, KRW 150 million on the 10th of the same month, and KRW 50 million on the 111th of the same month, and the same month.