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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The defendant is a person who is working as the team leader in C (State) in charge of business such as corporate finance consulting, etc.
On March 22, 2012, the Defendant sought to take over the company of the victim F and the victim G, who were introduced through E from the victim F and the victim G, located in the sixth floor in the Gangnam-gu Seoul D D D Building through E. On March 2, 2012, the Defendant heard that the acquisition fund is about KRW 3 billion, and the victims may obtain a guarantee amount equivalent to KRW 300 million from the Korea Credit Guarantee Fund in the name of “State” to provide the victims with a loan amount of KRW 300 million from the Korea Credit Guarantee Fund in the name of “State”; and (i) the state of borrowing the company’s assets in the form of a loan of KRW 5 billion to the Gyeongnam Bank as collateral, and if the company is replaced with the industrial bank, it may be possible to substitute the above KRW 5 billion and obtain an additional loan of KRW 3 billion in the amount of money as business promotion expenses and guarantee insurance premium.”
However, the defendant was issued a guarantee from the Korea Credit Guarantee Fund in the name of H and did not have the intent or ability to provide funds to the victims or to obtain additional loans in an amount equivalent to three billion won from the Industrial Bank.
On March 26, 2012, the Defendant: (a) by deceiving victims; (b) transferred KRW 2 million to the Korean bank account under the name of the Defendant; (c) KRW 30 million to the Korean bank account under the name of the Defendant on April 6, 2012 under the name of guarantee insurance premium; and (d) around April 13, 2012, as entertainment expenses, KRW 10 million to the Korean bank account under the name of the Defendant on April 13, 2012; and (c) acquired KRW 70 million in face value and KRW 3 million in cash from the Victim G as entertainment expenses around April 13, 2012 from the victims; and (d) acquired KRW 52 million in total from the victims.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the examination of the accused by the prosecution;
1. Each of the defendants;