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Defendant
A Imprisonment with prison labor for two years and for three years, respectively.
Reasons
Punishment of the crime
1. On August 22, 2008, the Defendants stated that, in the office of Defendant E operated by Defendant B located in the Busan Dong-gu, Busan Dong-gu, the victim F, “If the Defendant purchased the land located in Dong-si G and H and newly constructs and sells the main apartment complex, the profits of KRW 1 billion would be expected, and the construction cost of KRW 3.5 billion would be able to be procured through the pre-sale price or the PF, thereby making an investment.”
However, the facts revealed that the Defendants were trying to prevent them from procuring construction costs of the above main apartment complex with the funds (in advance) that the Defendants promoted in Young-gun, Jeonnam-gun, but it was extremely weak for the said I factory construction to realize the above I factory construction due to the cancellation of land sales contract due to the failure to pay the down payment for the site as of October 2008, and there was no ability to procure construction costs through financial institutions loans, etc., and there was no ability to implement the main apartment construction project.
Nevertheless, on August 22, 2008, the Defendants conspired, by deceiving the victim as above, received 84 million won from the Busan bank account in the name of Defendant B to the Busan bank account in the name of Defendant B on November 3, 2008, and received KRW 350 million on the 10.35 billion on the 10.35 billion on the 20.10 million on the 2009.20 million on January 20, 2009, and received KRW 829 million on the 10.45 billion on the 20.205 billion on the 20.
2. Around December 29, 2008, Defendant B stated that “The Defendant shall repay the Defendant’s sole criminal conduct with the proceeds from the construction of the E-based multi-family apartment at the Plaintiff’s office as set forth in paragraph (1).”
However, the fact is that it is difficult to operate the E, which the Defendant had been operated at the time, and the amount of KRW 290,000,000,000,000, out of the money already received from the victim as land purchase funds, is arbitrarily appropriated for the above E’s operation funds without the victim’s consent.