Text
Defendant
A Imprisonment with prison labor for two years and for one year and six months, respectively.
(2) the date of this judgment.
Reasons
Punishment of the crime
1. On March 201, 201, Defendant B made a false statement to the victim J’s agent K at the “I” coffee shop located in Jongno-gu Seoul, Jongno-gu, Seoul, stating that “In order to obtain the Lon-site restaurant operation right, the victim J’s agent must contact the persons related to the M Group Audit and Inspection at its expense.”
However, even if the defendant received money from the injured party, he did not have the intention or ability to use it for entertainment expenses.
The defendant deceiving the victim as above and delivered KRW 10 million to the victim through K on the same day, and stated that the facts charged are "the remittance of KRW 10 million on the same day from the victim". However, since this part was deliberated as a factor to determine the delivery of deception and property through the overall argument of this case, it is deemed that there is no hindrance to guaranteeing the defendant's right to defense, it is recognized as above without any changes in the indictment.
The defrauded obtained it.
2. Around March 26, 2011, the Defendants’ joint crime committed a false statement to the victim J at the O hotel coffee shop located in Seocho-gu Seoul, Seocho-gu, Seoul, stating that “A group P P P was talked with the vice-chairperson, and the victim J was entitled to receive a restaurant operating right within L construction site, thereby changing KRW 300 million to a down payment.”
However, the defendant did not have the intention or ability to allow the victim to receive a restaurant operation right as the part of the L Corporation site.
The defendant, as above, made a false statement, and he received 300 million won from the damaged person, i.e., delivery of the 300 million won.
Summary of Evidence
1. Part of the Defendants’ legal statements
1. The legal statement of the witness J, K, Q and R;
1. Some of the statements made to the Defendants at each prosecutor’s office (including J and K substitute parts)
1. Some of the statements made to the Defendants in each police interrogation protocol (including J and K substitute parts)
1. Each police statement to J or K;
1. Investigative Report (in the case of the accused accused who is a separate complainant, not prosecuted;