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Defendant
A As to the crimes Nos. 1 and 2 of the Decision A, the Defendant B shall be punished by imprisonment with prison labor for two years, and a fine of KRW 7 million for the crimes No. 3 of the Decision.
Reasons
Punishment of the crime
[criminal record] On October 24, 2014, Defendant A was sentenced to a suspended sentence of two years in the period of imprisonment for a crime of fraud at the Manpo District Court of Gwangju on June 24, 2014, and the judgment became final and conclusive on October 1, 2015.
[2] Defendant A actually operates various companies, such as Limited Company I (hereinafter “I”), Limited Company J and Limited Company K, and Defendant B is the spouse of Defendant A, who is a representative director or in-house director of the said company.
1. The Defendants’ crime of fraud related to the deposit money for the lease of the building (hereinafter “M1”) was completed on July 28, 2010, the Defendant A completed the registration of the preservation of ownership under the name of the mother of the Defendant B, who was the mother of the Defendant B, on June 27, 2011.
After that, Defendant B entered into a lease contract with multiple lessees for M 1 and 2, and received the lease deposit received from the lessee from the lessee to P account in the name of O. Defendant A managed each P account in the name of O, and Defendant A used the lease deposit deposited in the account as I operating expenses, other business expenses, living expenses, etc. of the Defendants.
However, regarding M 1 and 2, the collective security in the aggregate amount of 2.6 billion won was established, and the Defendants assumed the obligation to return the maximum amount of the lease deposit to senior lessees who did not appear in the certified copy of the real estate register. The lease deposit received from the lessees was made for the first time of construction for I, the repayment of principal and interest to financial institutions and bond holders, the Defendant’s personal living cost, and the Defendant’s loans to the J company with limited liability operated by the Defendant, and there was no intention or ability to return the deposit properly even if they receive the lease deposit from the damaged party.
Nevertheless, the Defendants promulgated on January 9, 2012.