Text
Defendants shall be punished by a fine not exceeding five million won.
The Defendants did not pay the above fines.
Reasons
Punishment of the crime
Defendant
B is the representative of the sales agent chain, and the defendant A has publicly recruited in advance to acquire the victim D money of the same company as the director of the victim.
1. On November 28, 2012, the Defendants: (a) lent KRW 15,00,000 from the office of second floor E-2 (name of urban-type residential housing) in Busan-gu, Busan-do; (b) drafted a service contract providing services to 218 households in urban-type apartment buildings constructed on two lots outside Busan-gun, Busan-gun, with respect to the sales of 14 households, and commercial buildings; and (c) made the captain-gun provide services for the sales of H’s sales business.
However, there was no intention or ability to carry out the sale business.
The above amount was received from the victim who believed the truth in the name of the non-party I on the day, and 10,000,000 won among them was delivered to the defendant B, and the remaining five million won was obtained by means of personal use of the defendant A.
2. On December 5, 2012, the Defendants made the Defendant make a false statement that they would exercise the right to sell the site at the redevelopment site of L apartment if the Defendants extended additional KRW 10 million to the victims in the K Sale Office located in the Busan High Department of Marine Transport Daegu.
However, the fact did not have the intention or ability to exercise the right of vicarious sale.
In this respect, the same month from the victim
6. To receive the above amount from Defendant A’s account, 9.1 million won among them was acquired by deception by Defendant B, and the remainder 900,000 won was acquired by deception by means of consumption by Defendant A.
Summary of Evidence
1. Defendants’ respective legal statements
1. Application of Acts and subordinate statutes concerning D police statements;
1. Relevant Article 347 (1) and Article 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of fines;
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;