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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year.
However, this decision is delivered to the Defendants.
Reasons
Punishment of the crime
Defendant
A is a person who operates a company for manufacturing and selling clothes, and Defendant B is a person who has no certain occupation, and the Defendants conspired in order to acquire money and valuables by deceiving victims E who wish to move into the D shop located in Jung-gu Seoul Metropolitan Government through a free contract.
On April 2017, the Defendants made a false statement that “A is a person who is able to connect D negotiated contracts to the victim through the above F, who is well aware of the victim and is well aware of the victim from the clothing wholesale store located in the New-dong, Jung-gu, Seoul Special Metropolitan City.” In order to conclude a negotiated contract, the Defendants made a false statement that “A shall be granted KRW 35 million with the pretext of street funds.”
However, since the Seoul Special Metropolitan City acquired the above D on September 2, 2016, the occupant was able to continue to operate the store through a free contract, and the person intending to move into the new store is allowed to move into the store only through bidding, so it is not only illegal but also impossible to allow an individual to move into the store in the store by any other means. Moreover, even if the victim received the above money from the victim and used it for private purposes, the defendants did not use it for the expenses necessary for the occupancy of the store and did not use it for the private purposes, and at the same time there was no ability to move into the said D store.
On May 11, 2017, the Defendants: (a) by deceiving the victim; (b) obtained money KRW 10 million from the H bank account in the name of Defendant A’s mother’s H bank account; and (c) obtained money KRW 25 million from the same account through I, a member of the victim’s will on the 15th day of the same month; and (d) obtained money KRW 35 million from the victim to the bank account in the name of non-name of the store occupant.
Summary of Evidence
1. The defendant B's legal statement (third time) witness E, J and K's legal statement in F's legal statement
1. Defendants, F, and L respectively.