Text
Defendant
A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 3,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
On November 13, 2014, A was sentenced to imprisonment with prison labor and two years and six months in Seoul High Court, and finally decided January 29, 2015.
On February 19, 2014, at the E office located in Gangseo-gu Seoul Metropolitan Government, the Defendants concluded a contract with the victim C to sell KRW 22,50,000 to the victim C with the fact that the Defendants did not have any particular problem in transferring the ownership of the passenger car (G, A63.2.FSI) owned by the F Co., Ltd., the representative of Defendant B.
However, at the time, there was no intention or ability to transfer ownership in a normal manner, such as cancelling the seizure and mortgage, even if the Defendants did not have any particular property or income and receive the sales amount from the injured party due to the lack of any particular property or income.
The Defendants conspired to induce the victim as above, and then acquired 20 million won from the victim to the national bank account under the name of the Defendant A by transferring it to the national bank account under the name of the Defendant.
Summary of Evidence
1. Defendant A’s legal statement
1. The legal statement of the witness C;
1. A protocol concerning the examination of suspect against the defendant B;
1. Application of Acts and subordinate statutes to written confirmation of the motor vehicle registration ledger;
1. The Defendants of the relevant legal provisions concerning criminal facts: Articles 347(1) and 30 of the Criminal Act;
1. Defendant A who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);
1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act
1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act
1. Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of the Rejection of Application for Ordering Consideration (see Supreme Court Decision 201Do4194, Jun. 10, 201; 201Do4194, where the victim submitted a written agreement, the existence and scope of liability for damages is unclear).