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Defendant
The punishment for A shall be seven years, and the imprisonment for Defendant B shall be six years, respectively.
Reasons
Punishment of the crime
Defendant B, from January 8, 2002 to September 23, 2003, was appointed as the chairperson of E Co., Ltd. (hereinafter “E”) established for the purpose of housing construction (execution) business, etc. from January 8, 2002 to September 23, 2003. Defendant A was appointed as the president of E from January 8, 2002 to June 13, 2005, and the Defendants were appointed as the vice president from July 12, 2002 to the E’s representative director, and operated E by dividing the “F” registered as the E’s representative director from July 12, 2002 to the F and each share.
1. The Defendants’ co-principal
A. On October 9, 2002, the Defendants and F told the victim G to sell the apartment at the five-story E office of the H building in Gangnam-gu Seoul Metropolitan Government, “E would sell the apartment at KRW 33 square meters much less than the surrounding market price to the victim in the five-story E office of the H building in the Gangnam-gu Seoul Metropolitan Government.”
However, in fact, Defendants and F did not have been granted the right to sell the apartment, and did not purchase the site necessary for the new apartment construction project, and did not have obtained approval from the competent authorities, and there was no reason to obtain approval from the competent authorities. Since there was a need for funds to continue to return the existing debt amount borrowed to use for the purchase fund of the site and the fund for the operation of the company in the absence of any such capital, there was no intention or ability to sell the apartment even if they received the sale price from the victim G.
The Defendants and F, immediately from the victim, received KRW 210,000,000 as apartment sale price, and around October 28, 2002, received KRW 2220,000,000 from the victim, and received KRW 80,000,000 in total, around November 6, 2002.
Accordingly, the Defendants received property by deceiving the victim in collusion with F.
(b) each fraud against the victim J, G, and K; and