Text
Defendant
A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 4,000,000.
The above fines are imposed by the Defendants.
Reasons
Punishment of the crime
At the time of May 2015, Defendants and D (Suspension of Prosecution on the same day) were aware of the fact that there was no funds invested or disbursed in order to build a new business hotel in Jongno-gu Seoul, Jongno-gu, Seoul, and the funds for promoting the business were not secured at all, and that there was no specific transaction consultation with the owners of the land for the business and the procedure for transferring the business right was not in progress. Therefore, they were well aware of the fact that there was no possibility for the landowners to obtain a written consent for the trade from the owners of the land or to promote the business properly.
In addition, even if the Defendants and D received the service cost from the injured party, they thought that they would use the said money as their own daily living cost. While all the Defendants did not receive any special property or monthly income, they did not have any personal property or monthly income, there was no intention or ability to return the service cost received from the injured party as they were under circumstances where the Defendant A bears approximately KRW 20 million and approximately KRW 3.5 million are due to bad credit standing.
1. The Defendants, along with D on May 12, 2015, are running a business to build a new business hotel in the Seoul Jongno-gu E-day from May 2, 2013 to the victim I in the G 2nd floor “KafH” located in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul. The Defendants may receive 7 billion won in the future of the LAB and receive 3 billion won in the international trust, etc., and may exceed the business rights.
A false statement was made to the effect that “The landowner will receive a written consent from the landowner within two months of the week” with the service cost of KRW 20 million.
Accordingly, in collusion with D, the Defendants were transferred KRW 20 million to the corporate bank account in the name of J (Defendant A’s children) on the same day from the injured party.
2. Defendant A’s Defendant A was in an influence Seoul around May 18, 2015, and the fact is, as seen above, that Defendant A was unable to obtain a written consent from the landowners of the site where the said business hotel was newly built or to carry out the business properly, Defendant A her phone to the victim.