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Defendant
A Imprisonment with prison labor for three years and for two years and six months, respectively.
Reasons
Criminal facts
[B] Defendant A was sentenced to eight months of imprisonment for fraud at the Seoul Eastern District Court on May 20, 2015, and the judgment became final and conclusive on September 18, 2015. Defendant B, on April 23, 2009, was released on February 26, 2010 after having been sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and for a crime of fraud. The execution of the sentence was terminated on July 27, 2010. On December 18, 2015, the Seoul East District Court sentenced Defendant B to ten months of imprisonment for a crime of fraud at the Seoul Eastern District Court, and the judgment became final and conclusive on February 26, 2016.
1. The Defendants conspired to commit a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) [2016 Gohap 26] Defendant A is the vice president of the F Co., Ltd. (hereinafter “G”) located in Yongsan-gu, Yongsan-gu, Seoul. Defendant B is a director of the above company. The Defendants conspired to “H, a substantial operator of the above company, offered other’s real property as security and disposed of another’s real property as a steel Co., Ltd. by disposing of it as dumping after being provided with steel Co., Ltd.” around April 2012.
A. The Defendants violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim I would purchase land with a total amount of KRW 800 million by setting up a collateral security of KRW 600 million on May 15, 2012 with respect to each land of Boan-si J and K, and selling it on the face and on its own.
“The purpose was to make a false statement.”
However, in fact, Defendants and H did not have the intent or ability to pay the above purchase price to the victim, since they provided real estate owned by the victim as collateral and supplied steel co-owners, dumped and commercialized them, and used them for purposes other than the purchase price of land.
As can be seen, the Defendants, in collusion with the above H, by deceiving the victim, and receiving documents for providing security from the injured party on May 15, 2012.