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Defendant
A Imprisonment with prison labor for 10 months and 1-B of the holding, 6 months and 6 months.
Reasons
Punishment of the crime
[Criminal Power] On February 4, 2010, Defendant A was sentenced to a suspended sentence of six months for fraud at the Seoul Eastern District Court, and the judgment became final and conclusive on February 12, 2010.
【Criminal Facts】
1. Defendant A and Defendant B
A. On February 11, 2008, the Defendants established a company for the purpose of the development and production of multi-level video chain among the married couple, and the actual development of technology was not completed, and the company’s operating expenses, living expenses, etc. did not have any special import or property. On January 30, 2008, the Defendants (hereinafter “Defendant Company”) established the F Co., Ltd., the representative director of Defendant B as the representative director of the company (hereinafter “Defendant Company”) with investment KRW 200 million, with intent to attract investment funds or borrow money in order to raise funds for the company’s operating expenses, living expenses, etc.
On March 3, 2008, the Defendants conspired with Defendant B, through G, a stock company E’s employee, in the YY, in the YYY, in Gangnam-gu, Seoul, and through G, a stock company E’s employee, the Defendant B attempted to conduct the business. The Defendant B did not issue a business registration certificate due to the failure to pay the taxes of the relocated company that had been the representative director, and if the Defendants first lent KRW 20 million for the payment of the delinquent taxes, the Defendants would repay the amount until March 31, 2008, and the interest would be paid at the annual interest rate of 9%.”
However, in fact, the Defendants did not have any intent or ability to pay the interest until March 31, 2008, because they did not make any profit to the Defendants, and the Defendants did not have any intent or ability to pay the interest, even if they borrowed money from the victims, because they did not make any profit.
The Defendants were delivered from the victim the amount of KRW 20 million.
B. The Defendants were in the 1st of April, 201, in the case of the Defendant’s fraud (1) with the victim H. In the first of April, 201, the Defendants were in the 1st of