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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for one year.
Reasons
Punishment of the crime
Defendant
A is the representative director of E, a corporation that is a sales agent of the "D" in a newly built commercial building in Sejong Special Self-Governing City C, and Defendant B is the person who works as the sales team leader of E.
1. On December 2014, the Defendants stated that “The Defendants’ joint crime committed the following acts: (a) at the E office located in Sejong Special Self-Governing CityF, the victim G agreed that the IF store will rent KRW 50 million and KRW 3 million monthly rent; (b) the IF store will rent KRW 50 million and KRW 3 million; and (c) so if the sale is carried out, a stable rental profit is guaranteed; and (d) a warehouse of KRW 2.5 square meters underground may be exclusively used.”
However, there was no fact that the first convenience store was set up in the commercial building H, and the Defendants did not have the intent or ability to set up a separate warehouse from the underground of the commercial building and to exclusively use the commercial building H, but the Defendant received the sales fee from the damaged party, thereby making the said false statement.
The Defendant: (a) deceiving the victim as above; (b) had the victim take advantage of the same amount of monetary benefits from the 23th day of the same month to June 4, 2015; and (c) had the victim pay KRW 406,601,225 to the J Co., Ltd., a private person, which took effect as the contract deposit and intermediate payment for the sale of commercial Hho Lake, thereby gaining pecuniary benefits equivalent to the same amount of money.
2. Around February 2015, Defendant B stated that “A building L is determined to be leased KRW 30 million to a commercial building pilot and KRW 1,200,000 per month,” Defendant B, at the office of the above company E, said that, if any change occurs, lease profit is guaranteed.” In the event of a change in circumstances, E, a sales agent, is responsible for and directly leased and used.”
However, in fact, there was no fact that the construction company, etc. of the commercial building did not rent L.