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1. Defendant A shall be punished by a fine of twenty thousand won (two thousand won).
Defendant
If A does not pay a fine, 100,000 won.
Reasons
Punishment of the crime
[criminal power] On December 18, 2009, Defendant B was sentenced to five months of imprisonment for fraud, etc. at the Busan District Court (2009No3853), which became final and conclusive on February 25, 2010, and completed the execution of the sentence in the Busan Detention House on July 17, 2010. On August 20, 2010, Defendant B was sentenced to eight months of imprisonment for fraud, etc. at the Busan District Court (2009Da6279) and completed the execution of the sentence in the Busan Detention House on November 8, 2012.
In addition, on November 28, 2012, Defendant B was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution in the Seoul Southern District Court (2012Da3307), and the judgment was finalized on December 6, 2012. On November 28, 2014, the Seoul High Court (2014No1644) sentenced 4 months of imprisonment with prison labor and 2 years of imprisonment with prison labor for fraud, etc., and the judgment became final and conclusive on February 12, 2015.
1. On April 18, 2011, Defendant A entered into a contract to acquire four corporations’ operating rights from F, G, H and I corporations with KRW 5.0 billion, but it was difficult for Defendant B to raise the acquisition fund, while the acquisition procedure was not completed on July 201, 201, Defendant A sold the right to remove scrap metal of Defendant B and the corporation in advance and conspired to prepare and use the corporate fund, etc. with the proceeds thereof.
Defendant
B made a false statement to the effect that “The right to remove the scrap metal of an IS corporation shall be transferred to the victim L at the IS corporation office located in K in Daegu-gun, on August 25, 2011. It may be possible from September 20, 201 to September 20, 201.”
However, the defendant A did not prepare a fund for the acquisition of the corporation and did not obtain the approval of the court on the acquisition. Therefore, even if the defendant B received the fund for the purchase of the removal right from the victim L, he did not have the intention or ability to transfer the removal right.
The Defendants, as such, deceiving the victim and deceiving the victim, have the right to remove the scrap metal from the victim L.