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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
Defendant
A On March 21, 2008, the Daegu District Court sentenced one year of imprisonment with prison labor and two years of suspended execution due to occupational embezzlement, etc., which became final and conclusive on June 26, 2008.
Defendant
B On July 15, 2011, the Daegu District Court sentenced 10 months of imprisonment for fraud and 2 years of suspended execution, which became final and conclusive on July 23, 201.
1. On August 14, 2004, Defendant A entered into a lease agreement with the victim F, the victim G, and the Defendant on the building on the land located on the 1st, Seo-gu, Seo-gu, Seoul Special Metropolitan City, where the Defendant was the representative of H, and the victim did not refund KRW 300,000,000 to the victims despite the termination of the lease agreement, and the victims did not return the lease deposit money to the victims. As to the above J 106 on November 14, 2005, the provisional attachment was made to the victims of the defect in real estate transaction, which will have become the real estate transaction to be concluded within lurries, so the victims would have to cancel the provisional attachment on November 28, 2005.
However, on December 21, 2005, the victims did not comply with the above provisional seizure and again provisionally seized the above building 106 and 112 on December 21, 2005.
The Defendant, along with L, who was the underwriter of H on December 2, 2005, told the victims of the foregoing L on the fourth floor, Daegu-gu M 4, Daegu-gu, 2005, that “A was suffering from damage, but was not 439,320,547 won.” On the other hand, the Defendant stated that “The removal of provisional attachment to reduce KRW 200 million is caused to A,” and that “the Defendant, who was next to this, would also pay the victims a balance of KRW 240,000,000,000 as soon as possible.”
However, in fact, it is uncertain that the conclusion and performance of the service contract to purchase the apartment site of 9,860 square meters in Yangcheon-gu Seoul, Seoul, which was in progress at the time of B, is uncertain.