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Defendant
A shall be punished by a fine for negligence of KRW 8,000,000, and by a fine of KRW 5,000,000.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
Defendant
A is the representative director of the Co., Ltd. who sells various stages of household goods and health assistance food, and Defendant B is the head of the Busan branch office of the above company, and Defendant B is willing to take over the sales down payment by deceiving the party who has joined the “C-house franchise” promoted by the above company as a member of the “C-house franchise.”
On January 2009, the Defendants stated that “The Defendants would have the right to sell the unsold apartment units, such as the victim E, F, G, H, I, and J, at the above C office located in the 402 unit of the D Building in Busan Dong-gu, Busan, that “The Defendants would be able to purchase the unsold apartment units, such as the Busan-gu K Apartment, through a person who has the right to face the contract deposit, at a rate exceeding 30 to 40% of the market price.”
However, the Defendants did not have the intent or ability to purchase the apartment sale right even if they receive the down payment from the victims.
As such, the Defendants conspired to induce the victims and received KRW 10 million in cash from the victim I as the down payment in April 16, 2009 and received KRW 55 million in total from the victims as shown in the attached list of crimes.
Summary of Evidence
1. Defendant B’s legal statement
1. Each prosecutor's office protocol against the Defendants (including the part concerning the interrogation of suspects B)
1. Application of Acts and subordinate statutes to E of the prosecution statement protocol;
1. Defendants: Articles 347 (1) and 30 of the Criminal Act concerning applicable criminal facts and the choice of punishment;
1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act
1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act