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1. Defendant A shall be punished by imprisonment for two years.
However, the defendant A for a period of three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On March 2015, the Defendants proposed that they operate a drinking house with the victim H who became aware of around March 2015. On May 2015, Defendant A and the victim agreed to divide the drinking house in Busan Shipping Daegu into three (3):3 (Defendant A) and three (3) (victim) by taking charge of managing the funds of the drinking house and operating the drinking house.
However, in fact, Defendant A did not have the intent or ability to pay the same kind of business fund as above, and Defendant B knew of the above circumstances of Defendant A with well-known, the Defendants, while leasing the above house amounting to KRW 15 million and KRW 50 million in real premium, notified the victim of the premium in an amount equivalent to KRW 150 million in premium as above. Defendant B provided part of the funds for the same kind of business that the victim paid to Defendant A, and Defendant A provided part of the money to Defendant A as if the victim paid the money for his own business operation, and Defendant A provided alcohol only with the victim’s investment funds and divided the profits therefrom.
The Defendants conspired as above to induce the victim, and then, around May 20, 2015, the victim was transferred to the Defendant’s corporate bank account (J) with KRW 100 million, KRW 10 million with the same account around May 28, 2015, KRW 20 million with the same account around June 20, 2015, KRW 4.5 million with the Defendant’s name bank account (K) around July 1, 2015, KRW 4.5 million with the Defendant’s name bank account around July 1, 2015, and KRW 9.2 million with the new account (L) with the Defendant’s name around July 4, 2015.
2. Around June 2015, the Defendants proposed that the said victim H have a defect in the corporate bonds business against the employees at the main point of “M” employed by Defendant B, and around that time, the victims are 30 million won, and Defendant A are 100 million won, and Defendant B is able to make investments.