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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On September 30, 2010, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months for fraud in this court. On October 8, 2010, the Defendant was a person who served as a representative director of D Co., Ltd. (hereinafter referred to as “D”) (hereinafter referred to as “D”).
On December 10, 2008, the Defendant drafted an agreement on the sale of the instant commercial building between the owner and the representative director of G Co., Ltd. (hereinafter “G”) who is the executory company (hereinafter “the instant commercial building”), and the Defendant, under the said agreement, entered at least KRW 504,00,000, which is the down payment of the said 12 stores, into G in cash, and entered at least KRW 12 stores, thereby taking effect. After which the Defendant did not deposit the said money with H, the Defendant entered the instant commercial building into the account designated by G in principle, but under the agreement, the Defendant agreed that the sales contract should be deposited into the account when selling the instant commercial building, and the Defendant could not receive the parcelling-out payment in cash at his own discretion, and that the sales contract was accepted only when the sale price was deposited into the account designated by G.
In addition, the Defendant did not have any obvious plan to prepare the down payment of KRW 504,00,000, which is necessary to purchase the commercial building of this case.
Around January 10, 2009, the Defendant stated that “The victim I tried to build two hotel postnatal care centers among the Fullet commercial buildings as hotel type postnatal care centers and opened them early April 2009. The Defendant said that “The sales price of one unit allowance is KRW 250,000,000 and KRW 210,000,000,000,000,000,000,000.”
However, the defendant did not have the intent or ability to sell commercial buildings to the victim as above.