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Defendants shall be punished by a fine of KRW 500,000.
The Defendants did not pay each of the above fines.
Reasons
Punishment of the crime
Defendant
B is a de facto representative of D, and Defendant A is a person who is the chief executive officer of the company.
On February 2, 2015, although the Defendants borrowed money from the victim F office in Gangnam-gu Seoul on February 2, 2015, they did not have the ability or intent to repay it, the Defendants stated that Defendant A under the direction of Defendant B “I will borrow KRW 1,500,000,000 to repay it within a week.”
Therefore, the victim refused to pay money to the victim, and the victim again made the phone call to the victim and made a false statement to the victim that "I would like to repay money to the victim as soon as possible by borrowing money."
Accordingly, the victim believed that the Defendants’ horses were returned to the account in the name of G, which is the Defendant B’s reference, KRW 1.5 million.
In this way, the Defendants jointly acquired the amount equivalent to the same amount from the victim.
Summary of Evidence
1. Defendants’ respective legal statements
1. Legal statement of the witness F (as to the defendant A)
1. The application of Acts and subordinate statutes to the recording of a witness F's statement in the third protocol of trial (defendant B);
1. Articles 347(1) and 347(1) and 30 of the Criminal Act and the Defendants’ choice of punishment for criminal facts
1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;
1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act