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Defendant
A Imprisonment with prison labor for two years and for one year, respectively.
However, this judgment is delivered against Defendant B.
Reasons
Punishment of the crime
1. The Defendants’ joint criminal conduct is a person who operates a manufacturer, such as the motor vehicle parts called “E,” in the ethic City D, etc., and the Defendant B is a married couple.
On June 14, 2007, the Defendants borrowed KRW 200,000,00 as the cost of establishing the E-factory and KRW 140,000 as the operating expenses around August 23, 2007, and used them for the E-business operation expenses from the victim F for each one year after each due date, and only interest was repaid and the principal was not repaid.
During that period, when the cost of the construction of a factory was required more, the Defendants were able to newly construct a new factory and fully repay the amount of money borrowed from the Defendant to the Defendant on the security of the factory in Gangseo-gu “H” Moel located in Gangseo-gu where the victim operated for several months. On May 9, 2008, the Defendants were provided with KRW 300,000,000,000 provided by the victim with loans from the above Hel to the Plaintiff on the following grounds: (a) us purchased I directly adjacent the Hurur and purchased I, thereby sing down the two telecom and surbling the two telecom; and (b) paid all the money borrowed during that period, and (c) if there is a shortage of money, the Defendants may use the money borrowed as a super-new construction cost and receive a loan from the factory as security.”
However, even if the construction of the factory was completed, the Defendants paid the total amount of KRW 340,000,000 and the above KRW 300,000,000,000 as they promised to the victim as they had been promised since the Defendants had already obtained a loan from a financial institution as collateral for the said new factory site, etc., and even if the factory was completed, they did not have any sufficient ability to obtain additional loans, and they did not have sufficient financial resources to purchase the existing grassland site and to newly construct the telecom jointly with the victim.
As a result, the Defendants conspired to deception the victim and receive 300,000,000 won.