Text
Defendant
A Imprisonment for two years, Defendant B, C, and D shall be punished by imprisonment for one year and six months.
(2) the date of this judgment.
Reasons
Punishment of the crime
On November 23, 2012, Defendant A was sentenced to a suspended sentence of three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. at the Seoul Central District Court of Seoul, which became final and conclusive on December 1 of the same year. Defendant B was sentenced to a suspended sentence of five years for imprisonment for the same offense in the same court on November 23, 2012, and the judgment became final and conclusive on September 12, 2013, and Defendant D was sentenced to a suspended sentence of two years for six months by fraud, etc. at the Busan District Court on June 14, 2013, and the judgment became final and conclusive on February 12, 2015.
Basic Facts
Defendant
A is the representative of M Co., Ltd. (hereinafter referred to as “M”) who is engaged in the business of selling real estate and selling agency, and is in charge of the business of purchasing and selling unsold apartments, and Defendant B and Defendant C are directors of each M, who are in charge of the business of selecting each sales agent, promoting sales in lots, and cooperating with O Co., Ltd. (hereinafter referred to as “O”), and Defendant D is a director of M in charge of the business of selecting sales agent and raising funds.
O In the process of participating in a new construction project of Ulsan-gu N apartment (hereinafter “the instant apartment”) implemented by P Co., Ltd. (hereinafter “P”) around November 2007, P decided to directly sell the instant apartment from February 201 to December 201, as P failed to procure the construction cost, while entering into a project for participation in the new construction project of Ulsan-gu N apartment (hereinafter “the instant apartment”). However, the total sales rate of the instant apartment from February 201 to December 201 was at least 50 percent, and the number of unsold households reached 150 households.
The Defendants concluded a sales contract with theO on January 16, 2012 for the above unsold apartment units 150 households and decided to conduct the apartment sales business, and entered into a sales contract with the above unsold apartment units 150 households (including the above unsold apartment units 44 square units 2, 49 square units, 1, 38 units in size 38 units in size 51, 55 square units, 41 units in officetels, and 40.2 percent of the normal selling price at KRW 70,121, 453,100, applying the discount rate of 40.2 percent to the above unsold apartment units (including the value-added tax).