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1. The Defendants: (a) each Plaintiff KRW 350,00,000; and (b) as to Defendant B from August 28, 2007, the Defendants were to each of the Plaintiff on July 2014.
Reasons
1. Facts of recognition;
A. Defendant C, around August 2004, intended to acquire 70% of the shares of E Co., Ltd. (hereinafter “E”) from D in KRW 30 billion, but the acquisition fund is not sufficient. However, the Defendants arbitrarily issued the subscription deposit sheet for the F Commercial Building (hereinafter “F”) to be newly constructed in the name of E Co., Ltd without any authority and recruited buyers, and received money from them as subscription money.
However, the fact was that the FF had not been a building permit or commencement of the sale business at the time, and the defendant C was in fact retired from the E company without the permission of the Korean National Railroad, which is the competent authority.
Defendant B was well aware of this fact.
B. When the Defendants received a demand from the said investors to return the investment funds, they were willing to invite a person to be sold in advance by a H reconstruction shop (hereinafter “H”)’s business that is newly built in Songpa-gu Seoul Metropolitan Government to sell out the said investors, and to receive money as the pre-sale price, and to acquire it by fraud. He did not have any authority to sell the shares of the E company as above, even though H had no authority to sell the shares in advance because H had not received any delegation from the J office of the said company operating the I, around August 28, 2007, since H had no authority to sell the shares in advance, he received KRW 350 million from K by deceiving to sell the first floor 1B13 at the J office of the said company operating the I.
C. The Defendants were indicted for committing the aforementioned fraud and were sentenced to imprisonment with prison labor for the Defendant C, for three years with prison labor for the Defendant B, for two years with prison labor for the Defendant B, for an appeal for December 12, 2013 (Seoul High Court 2012No2302), and for two years with prison labor for the Defendant C, for two years and six months with prison labor for the Defendant C, and for one year with prison labor for the Defendant B.