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[Defendant A] The defendant shall be punished by imprisonment for two years.
[Defendant B] A fine is imposed on the crime of 2015 senior order 8906, which is held by the Defendant.
Reasons
Punishment of the crime
[criminal record] On December 10, 2010, Defendant B was sentenced to one year of imprisonment and two years of suspended execution for fraud (crimes 2008) at the Busan District Court, and on March 3, 2011, the judgment became final and conclusive on the same day (hereinafter “final and conclusive criminal record”) and on February 21, 2012, Defendant B was sentenced to two years of suspended execution for one year of imprisonment with prison labor at the Busan District Court for fraud (Offenses 2010) at the Busan District Court (Offenses 2010).
6. On August 23, 2013, the above judgment became final and conclusive (hereinafter “final and conclusive criminal records”), and on December 4, 2014, the judgment became final and conclusive (hereinafter “final and conclusive criminal records”) upon being sentenced to ten months of imprisonment and two years of suspended execution at the Busan District Court (crime March 23, 201). On June 19, 2014, the judgment became final and conclusive (hereinafter “final and conclusive criminal records”), and was sentenced to eight months of imprisonment and two years of suspended execution on October 8, 2015 (hereinafter “final and conclusive criminal records”).
[Basic Facts] Defendant A and B are the representative director of J Co., Ltd., and Defendant B is the chief executive officer of J Co., Ltd., and Defendant B is the chief executive officer of J Co., Ltd.
J Co., Ltd. is worth KRW 3 billion for financial institutions’ obligations, KRW 1.5 billion for non-financial institutions’ obligations, and KRW 4.1 billion for the corporate account before the victim I borrowed KRW 100 million from the victim I, and there was no funds from approximately KRW 4.1 billion for the total project cost. Therefore, there was no intention or ability to undertake the "execution of K Apartment Construction Project" for the removal of existing buildings on approximately 40,00 square meters for the total project cost of KRW 20,000,000 for approximately 15,000,000.
Nevertheless, the Defendants conspired to acquire money by deceiving the victim as the borrowed money as they would remove the existing buildings and carry out the apartment construction project.
[2] On February 18, 2013, Defendant B, at the office of the J Co., Ltd. located in Busan Seo-gu L around 10:30 on February 18, 2013, “K Apartment Construction Corporation” from J Co., Ltd. to the victim.