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Defendant
A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of eight months.
However, as to Defendant B, this shall not apply.
Reasons
Criminal facts
Defendant
A From May 201, a person operating “F”, a civil engineering design firm in Busan City, from around May 201, and Defendant B, a person who is the head of the above business entity, agreed to divide the profits from F in cases where the profits accrue from F.
around May 201, the Defendants, at the above F Office, purchased the I forest land owned by H and obtained permission for the factory site, and there is a difference of two times or more of the selling space. Defendant B would be liable for the difference between the two times or more of the selling space. Defendant B would be liable for providing the 130 million won of the purchase price of forest and land and bear KRW 100 million of the down payment of KRW 630 million of the purchase price of forest and land within five months after obtaining permission as the factory site until October 15, 201, and would sell the site and pay the remainder of KRW 530 million with the selling price. Defendant B would be liable for the remainder of KRW 100 million of the down payment of the forest and land without obtaining permission for the factory site. Defendant B would be liable for the remainder of KRW 500,000,000 in the free will be a 50,000,000,000 won of the forest and land.
However, at the time of Defendant A, with bad credit standing, had been liable for personal debt of KRW 80 million, and even if Defendant A received money from the victim as the expense for permission for the factory site due to insufficient funds to operate “F” without any certain income, it was thought that all of them were used as personal debt repayment, office operation expenses, etc., and thus, Defendant B did not have the intention or ability to obtain permission for the factory site from the beginning. The collateral value of the above machinery provided as security by Defendant B was merely KRW 10 million, and J was not a third party of Defendant B.
Accordingly, the Defendants conspired to induce the victim as above and develop the victim and the factory site around June 2, 201.