beta
Text
Defendant
A shall be punished by imprisonment with prison labor for eight months, and by a fine of seven million won.
Defendant
B The above fine shall not be paid.
Reasons
Punishment of the crime
Defendant
A is a person who operates the F, a consulting company, and Defendant B is the team leader of the G futures business division, and the victim H (the representative director I and the victim company hereinafter referred to as the "victim") acquired money from each other and conspired with each other by dividing it.
Defendants around September 22, 2014, at the Gangnam-gu Seoul High Victim Company’s office, the vice president of the victim company “F Co., Ltd. enter into a contract with G and wa trading service with G, enter into a contract for the supply of 50 million won to G, enter into a contract for the supply of land for church wedding services, and pay 300 million won to G, and have the obligation to return the deposit amount equivalent to 350 million won.
If the victim company participates in the "G small-scale marriage business and church wedding business trip" of us, it will transfer a claim of KRW 150 million out of the claim to return the deposit.
“The purpose of “ was to make a false statement.”
However, at the time, the Defendants did not have the funds to proceed with the above business, and did not have the above obligation to return the deposit money to G.
The Defendants, by deception as above, received from the victim company the payment of KRW 30 million on September 22, 2014, around 16:00, and KRW 20 million on October 2, 2014, and transferred KRW 50 million on two occasions via the victim company’s bank account (L).
As a result, the Defendants conspired to receive the property.
Summary of Evidence
1. Defendant B’s legal statement
1. Each police interrogation protocol against the Defendants (No. 4 of the evidence list included in K)
1. Each police statement made to M or K;
1. In light of the following circumstances recognized by the record of the instant case as the reasons for conviction (including attached materials) of the charge, it is sufficiently recognized that the Defendants acquired KRW 50 million from the victim company.
① On September 22, 2014, F Co., Ltd. (hereinafter “F”) and the Victim Co., Ltd.: (a) drafted a written agreement; and (b) Article 2 of the said agreement provides “F” to G.