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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Criminal facts
[criminal power] On April 10, 2008, the defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Evidence, etc.) in the Incheon District Court, and the decision was finalized on August 21, 2008. On November 10, 2011, the Seoul High Court sentenced seven years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court, and confirmed on December 29, 2011.
【Criminal Facts】
The Defendant is the representative director of C Co., Ltd. (hereinafter referred to as “C”).
1. On January 2007, the Defendant: (a) purchased 10,000 square meters of land, the management area of which is 3,80,000,000 won at the coffee shop near the Gangdong-gu Seoul Rock; and (b) purchased 3,80,000,000 won a total of 3,80,000,000 won per square; and (c) was already secured by a three team to purchase 9,00,000 won per square. The Defendant first purchased 6,20,000,000 won in money from the person who considered the land, and then paid 60,000,000 won in money to the owner of the land, and then paid the remainder of 60,000,000 won in money to the owner of the land.
However, in fact, the Defendant purchased the F and the above 10,000 square meters in total, but entered into a sales contract to pay the down payment of KRW 500 million until February 8, 2007, and thus, it was not necessary to pay the down payment of KRW 1.2 billion, and even if the Defendant receives KRW 600 million from the victim as the down payment, it was thought that KRW 100,000 among them will be used to pay the Defendant’s debt.
In addition, the Defendant had already been in excess of liability as the apartment complex development project in Pyeongtaek-si G and the land development project in Jongno-gu Seoul, Jongno-gu, Seoul, was nonexistent, and there was no other income, thereby receiving KRW 600 million from the victim as down payment.