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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
The Defendant, through C from October 2008, operated the “Modern Automobile Services E” in Seo-gu, Daejeon from around October 2008, and agreed to transfer the said E to F around September 30, 2010, the amount of KRW 160 million.
While the Defendant was seeking to invest KRW 50 million out of the acquisition price of the above E from the victim G, the victim would not make an investment if the acquisition price of the above E exceeds KRW 110 million.
Therefore, “A request to conclude a false transfer contract for fake transfer contract” refers to F’s request before C, and F entered into a separate contract for transfer with F that the transfer price is KRW 160,000,000,000,000 for KRW 11,000,000,000,000,000,000,000 for the victim’s investment, excluding the down payment KRW 50,000,000,000,000,000 for KRW 36 months each month, while operating the above E.
Accordingly, the Defendant, in collusion with C and F on October 1, 2010, entered into a false business transfer agreement with C and F to the effect that, according to the direction of the Defendant, C transferred the above E to the victim and F in the amount of KRW 110 million, but the remainder of KRW 60 million, excluding the down payment of KRW 50 million, shall be paid in 20 million each month for 30 months, and F, upon deceiving the victim as if he could fully repay the acquisition amount of KRW 2 million each month.
Ultimately, the Defendant, in collusion with C and F, by deceiving the victim as above, and acquired 50 million won from the victim to the bank account in the name of J as contract deposit in October 2, 2010.
Summary of Evidence
1. Each legal statement of witness G, C and F;
1. A contract for the transfer of business, I Bank's details, notes, cash storage certificates, debt certificates, investigation reports (data submitted by a suspect), investigation reports (in addition to relevant decisions).