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Defendant
A and Defendant C shall be punished by imprisonment for three years, and imprisonment for one year and six months, respectively.
Reasons
Punishment of the crime
“The premise facts 2018 Highest 594 [A] H (a) is a person who actually operates the company as a general executive director of the J ( state), Defendant A (a) is an executive director of the above company, who assists H, performs the overall duties of the company, and Defendant B (A) is a person who manages the company’s finance and various miscellaneous duties under the direction of H as the head of the general affairs team of the company.
H, around December 31, 2014, established a legitimate “real estate parcelling-out agency” (State) J, which is the most similar receiving organization, and then, concealed its status by employing the Defendants as a representative under the name of C, by taking partial charge of the business affairs of H, and by allowing its staff members to use the name, and then by deceiving the investors, and by deceiving the investors of an investment money through the purchase and sale of apartment buildings, redevelopment projects, real estate investment, etc. as follows. The Defendants aided the investors of the investment money through fraud as if they could receive high profits from the purchase and sale of apartment, redevelopment projects, and real estate investment. The Defendants aided the Defendants to commit the crime of H while performing various duties directed by H to assist them.
[Criminal facts]
1. On June 5, 2015, the crime H, which pretended to purchase and sell apartment, owns apartment units No. 113 Dong 1101 in the name of the victim M in the office of the above company, under the name of the employee of our company, and sells it at a price lower than the market price.
A false statement was made to the effect that the first payment of the purchase price was made to the effect that the apartment ownership will be transferred without molding two years after the purchase price was paid.
However, in fact, the above H entered into a monthly rent contract with the owner of the apartment, but did not hold the ownership of the apartment from the beginning, and there was no intention or ability to transfer the ownership to the victim at the time of the agreement to purchase it.
As such, H, by deceiving the victim as above, concluded the above apartment sales contract with the victim, and received KRW 200 million from the stone as the purchase price.