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Defendants shall be punished by a fine of KRW 10,000,000.
The Defendants did not pay the above fines.
Reasons
Punishment of the crime
[criminal power] On March 16, 2017, Defendant A was sentenced to eight months of imprisonment by the Seoul Northern District Court for violating the Electronic Financial Transactions Act, and the said judgment became final and conclusive on March 22, 2017, and on May 2, 2017, Defendant A was sentenced to one year and six months of imprisonment by the Seoul Northern District Court for violating the Electronic Financial Transactions Act. The said judgment became final and conclusive on May 14, 2017.
Defendant
B On January 30, 2019, the Changwon District Court was sentenced to two years of imprisonment with prison labor for the crime of obstructing the exercise of rights, which became final and conclusive on February 8, 2019.
【Criminal Facts】
On October 2015, the Defendants: (a) did not own or keep benz S500 vehicles; (b) did not send the vehicle price to the victim D via C, the Defendants would make a false statement as if they would send the benz S500 vehicles; and (c) collected money from the victims by dividing the money received from the victims.
Defendant
A, according to the above mothers, around October 23, 2015, would send benz S500 vehicles to the victim through the above C if the victim pays 17 million won to the victim.
‘False speech' was made.
However, even if the victim received money, there was no intention or ability to send the benz S500 vehicle as above.
Defendant
B was paid 17 million won by the victim to the foreign exchange bank account (E) of Defendant B on the same day.
As a result, the Defendants conspired to attract the victim to receive the goods.
Summary of Evidence
1. Each legal statement of the Defendants (the Defendant B is on the second trial date)
1. Each prosecutor's protocol of interrogation of the Defendants (including D's statement)
1. The police statement concerning F;
1. A statement of account transfer, a detailed statement of deposit transactions, and the details of G modernization;
1. Previous convictions: Criminal records and criminal records, investigation reports (Attachment to decisions, etc. related to criminal punishment A), investigation reports (Attachment to decisions, etc. related to criminal punishment B), and application of statutes;
1. Defendants of the pertinent legal provisions and the choice of punishment regarding criminal facts: Articles 347(1) and 30 of the Criminal Act.