Text
Defendant
A Imprisonment with labor of one year and two months, Defendant B's imprisonment with labor of ten months, and Defendant C with labor of 2017 order of 870.
Reasons
Punishment of the crime
Defendants 3985 of the 2016 High Order 3985 and C heard the horses from victims I to seek "K Mart" on the Seo-gu 1st, Seo-gu, Daejeon, Daejeon, and did not have the capacity to take over the above Mart, taking over the above Mart as if they were unable to pay the acquisition price to the victim, and take over the above Mart and use it by dividing profits. Defendant B took charge of the overall acquisition of the contract, such as introducing Defendant A to the victim, setting the terms of taking over, and taking charge of the transaction necessary for the Mart business, and Defendant A and C conspired in order to take charge of the operation of the above Mart.
Accordingly, on May 29, 2015, Defendant B may take over the part of the victim at Kart in the Seo-gu Daejeon District Court J1 on May 29, 2015.
The acquisition price is KRW 240 million with the premium of KRW 150 million in the previous lease deposit of KRW 90 million.
The acquisition price shall be paid at 40% in the first month of the acquisition, and the balance remaining after the payment shall be paid within three months.
The acquisition price was clearly paid, so it was not clear that it could be paid."
However, at the time of fact, the Defendants, as a person in bad credit standing, did not have any property or income in their name, and did not pay the outstanding amount to the previous customers due to enormous amount of debt such as the outstanding amount to be paid to the previous customers. The Defendants thought to use the profits from the operation of the marina as a priority for personal reasons, such as repayment of debt, and did not have any intent to use it as the acquisition price. Therefore, even if they received the marina from the victim, they did not have the intent or ability
As a result, the Defendants conspired with C to join the victim and engage in the business for three months after acquiring the above KM on May 29, 2015 from the victim, thereby making a total of KRW 440 million.