beta
Text
Defendant
A Imprisonment of 10 months, Defendant B shall be punished by a fine of 3,000,000 won.
However, as to Defendant A, this shall not apply.
Reasons
Punishment of the crime
Defendant
B On December 26, 2013, the Seoul Central District Court has been sentenced to eight months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes in Seoul, and the said judgment became final and conclusive on January 3, 2014.
1. On June 2012, Defendant A issued to the victim B a cover note of KRW 10 billion with the illegal funds of the listed company at the mutual infinite coffee shop located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, stating that Defendant A would pay the said money as profits within two days from the 2th day of the 2012, as the commission is required to exchange the said bill with a normal check.
However, the defendant did not have the intent or ability to pay one billion won to the victim even if he received money from the victim for the purpose of using the above money in a personal place.
On August 6, 2012, the Defendant received seven copies of the check from the victim to the “F” in Gangnam-gu Seoul on August 6, 2012, from the printing point of the “F” in Gangnam-gu.
2. On July 2012, Defendant B stated that “When preparing for money laundering amounting to 15 billion won from a listed company, Defendant B borrowed KRW 10 million from the list of the bill issuance bills, Defendant B would issue the cover bill and make payment at the maturity of the said bill.”
However, even if the defendant received the above money from the victim and issued the cover notes, the defendant did not have any intention or ability to return the money to the victim even if the maturity of the bill is due to the purpose of using the said bill as collateral.
On July 20, 2012, the Defendant received 10 million won from the victim as the test cost for the issuance of a cover bill at the coffee shop near the Gangnam-gu Seoul Yungdong, Gangnam-gu, Seoul.
Summary of Evidence
1. Defendants’ respective legal statements
1. Legal statement of witness G;
1. Each prosecutor's interrogation protocol on Defendant A and B