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Defendant
B A person shall be punished by imprisonment for a year and six months.
Defendant
A shall be innocent.
Reasons
Punishment of the crime
1. The Defendant, as the representative director of G and H (Seoul, Gangnam-gu 6th floor of Ibuilding), who is engaged in the business of selling a commercial building vicariously, tried to sell the commercial building vicariously, and as the representative director of H, Songpa-gu Seoul, J apartment reconstruction and improvement project partnership, A went out to the election of the head of the above apartment reconstruction and improvement project partnership. On July 18, 2006, the Defendant agreed with K on July 18, 2006 for the purpose of using the above apartment house for the election fund of the head of the association, etc., as the security of the right to sell the apartment house in the name of A and borrowed KRW 200 million, including interest from the end of November 2006, to pay KRW 300,000,000,000 including interest from November 2, 2006.
On November 2006, the Defendant stated to the victim L, M, N,O, etc., “A is certain in going out of the election of the president of the J apartment reconstruction and improvement project association. When the election is elected, it is the part that is recognized differently from the facts charged by the following: 50% of the right to vicariously sell the commercial buildings in reconstruction apartment, and the principal is returned, and the project funds of KRW 500 million are collected. The Defendant said that “The right to sell the commercial buildings in the name of A for 315 Dong 2603, as security, will be provided.”
However, even if A is elected, there is no guarantee that the defendant acquires the right to sell a commercial building on behalf of the victim, and the election of A is not certain, there was no specific method of preparing 500 million won which promises the victims to repay if A fails, and the above right to sell an apartment building, which promised to transfer the name to K, has already been provided as security as mentioned above, so it is difficult to allow the victims to change the name, and even if the victims have not been notified of the above situation, there was no intention or ability to perform it as agreed.
The Defendant is as above.