[Defendant A] The defendant shall be punished by imprisonment for five years.

[Defendant B] Imprisonment with prison labor and fine of KRW 70,000,000.

Criminal facts

[2013Gohap51] [Defendant A]

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is the actual operator of F, Inc., a food waste disposal company E, while the victim G is the operator of H, a company producing alzuminum.

The Defendant introduced land of M. M. 314,051 square meters (per 100,000 square meters) owned by L among L, and entered into a sales contract with the above clan around June 15, 2010 by setting the entire land amount of KRW 8.55 billion, down payment of KRW 1 billion, and KRW 7.55 billion, while the Defendant, while displaying the factory site in order to relocate the F-factory in I, he was found to have been using the factory site as a forged check, the Defendant was unable to maintain the contract after being unable to develop the said land as a general industrial complex, and acquired money for sale to the occupant enterprises after selling part of the land.

The defendant prepared only the above real estate sales contract with the above clan and did not pay down payment of KRW 1 billion, even if he did not receive any money from the victim, and eventually did not intend to use the money to pay the down payment to the above clan and maintain the contract. Thus, on September 8, 2010, the defendant would sell the land to the victim G at the Jereron Ker on the part of the Jeron Team's office in the amount of KRW 5,500,000,000 for the average 5,500,000 won from the land owned by the clan. This means that "a down payment of KRW 1 billion is already paid to the clan, and the land price paid by the victim is a plan to be used as development costs." It means a plan to use the land price paid by the victim as the land contract amount on September 8, 2010."