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Defendants shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On December 27, 2018, Defendant A was sentenced to a suspended sentence of two years for perjury by the Jeju District Court on August 27, 2018, and the said judgment became final and conclusive on November 1, 2019.
【Criminal Facts】
Defendants are persons engaged in the building business.
The Defendants received opinions from C and D that the victim E would find a construction business operator who would sell a house on the land and pay profits by selling the house on the land and received money from the above victim as the construction cost required for the real estate development project.
Defendants: (a) around April 5, 2017, at the victim’s house located in Seopo-si F in Seopo-si, Seopo-si, Seopo-do, Jeju-do, and the victim’s house in Jeju-do, the F, G, H, I, and the victim’s house;
J. Development of the land of K and 3,521 square meters in total and 6 parcels and new 12 copies of other canal wells and pay a total of KRW 1 billion as land price from April 6, 2017 to March 15, 2019.
In order to carry out a real estate development project, the Corporation will begin with the Corporation around July 201 and complete the Corporation up to January 2019 on the loan of its project funds by taking land as security at the beginning.
However, Defendant A was not able to raise the cost of living due to the absence of a certain amount of income at the time, and even if Defendant A borrowed the business fund from the victim, it was thought that the personal debt would have been used for the repayment of personal living expenses or the debt. Defendant B was also in receipt of the said money, and thus there was no intention or ability to carry out housing construction even if it borrowed money from the victim for the purpose of the Corporation’s funds. Nevertheless, the Defendants, by deceiving the victim as above, prepared the “joint business contract” with the above contents on the same day as the victim, and prepared the “179,736,600, the Agricultural Cooperative account under the name of Defendant A, which was 179,736,600, the total amount of KRW 315,036,600, May 8, 2017, including KRW 315,036,600.