사기
1. Defendant A shall be punished by imprisonment with prison labor for one year.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Defendant A and Defendant B are the former president of Company D around January 201, 201, and Defendant B is the former president of the said Company.
The Defendants established D Co., Ltd. for the purpose of developing and manufacturing coke and coal-related products by taking over KRW 150 million on the condition that the Defendants assume obligations of KRW 2.8 billion. However, even though the Defendants did not attract investors and did not actually operate the said products, they should pay KRW 20 million to the bank interest per month. A.
On January 10, 201, around February 2011, the Defendants made a false statement to the victim G that “I will grant a transport right if I deposit KRW 100 million with a security deposit, such as cokes and smokeless coal, with the completion of attracting funds,” at the D office located in F on January 10, 201, and that “I will return to the victim on May 31, 2011 when the transport is completed without any problem.”
However, in fact, the above company applied for financial support to the Korea Credit Guarantee Fund, etc. and did not attract funds at all, and as such, it did not have the volume of cargo to be reduced to the victim, and as it was planned to use the money received from the victim for the purpose of paying interest, there was no intention or ability to return the collateral money on May 31, 201.
The Defendants, by deceiving the victim as such, received from the victim the total sum of KRW 40 million around February 16, 201, and KRW 50 million around February 21, 201, from the victim’s account under the name of the said company as collateral money.
B. On April 4, 2011, the Defendants made a false statement to the effect that “Around April 4, 2011, if the Defendants borrowed KRW 30 million to the victim, 3% of the shares of the Company will be given, and the principal will be repaid after one year. The value of 3% of the shares of the Company is humbh.”