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A defendant shall be punished by imprisonment for four years.
An application filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
On December 13, 2011, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to breach of trust in this court. On December 21, 201, the Defendant, who became final and conclusive, served as the representative director of E Co., Ltd. (hereinafter “E”).
【2013 Gohap201】
1. The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is an executor of a new construction project of 208 G apartment units G in Suwon-gu, Suwon-si (hereinafter “instant apartment units”), and H (hereinafter “H”) is a corporation. E and H agreed on Oct. 11, 2007 to prepare a sales contract by receiving a loan of 56.5 billion won from a new bank in the name of H in order to raise funds for the said project.
Therefore, the defendant did not have the intention or ability to sell apartments according to the contents of the sales contract as it did not have the authority to conclude the sales contract when preparing the sales contract without H's consent or confirmation.
Nevertheless, for the instant apartment project, the Defendant: (a) purchased on August 31, 2007 on August 31, 2007, the Defendant: (b) paid in cash the remainder of KRW 500 million to the E office located in Suwon-gu N, Suwon-gu, Suwon-si; and (c) paid in cash the remainder of KRW 550 million by October 10, 2010, on the ground that the purchase price was not paid to KRW 800 million out of the purchase price of KRW 4.8 billion; (b) the Defendant’s purchase price was deposited in the said new bank account in H’s name; (c) the provisional attachment of claims and seizure of claims against KRW 80 million; and (d) the Defendant caused a trouble in the sales business by means of a provisional attachment of claims and seizure of claims against KRW 800 million in the said new bank account in the name of Suwon-gu, Suwon-gu;
With respect to KRW 50 million, it is difficult to pay in cash because it is difficult to provide the above apartment sales contract as security by preparing the sales contract form and the receipt for the full payment of the sale price of the apartment of this case 103 - 1903 - 1903 - as to the apartment of this case.