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Defendant
A Imprisonment with prison labor for one year, for ten months, and for eight months, for each of the defendants C.
except that this shall not apply.
Reasons
Punishment of the crime
[2012 Highest 1979] - Defendants A and B are in an ex post facto relationship that they came to know in society. Defendants B and C are in an ex ex ex officio relationship. Defendants B and C were in an ex ex ex officio relationship but failed to raise funds. Defendants C and C were willing to use money from the victims who were known to the general public.
However, the Defendants did not have experience in the lux fish farming business, and the possibility of success in the business was unfortunateed. Defendant A engaged in the lux fish farming since 2007, but incurred only approximately KRW 300,000,000, but did not pay profits. Moreover, there was no particular property or specific financing plan, nor there was no intention or ability to pay the principal and interest by making profits from the aquaculture business even if the Government borrowed money from the victims because it did not intend to receive compensation equivalent to KRW 2,00,000 from the victims.
1. The Defendants conspired with the victim H on December 2, 2008, at the “J restaurant” operated by the victim H in Seocho-gu Seoul, Seocho-gu, Seoul, for the first time, the Defendant would return the principal with interest of 100% up to the end of May 2009, if the Defendant borrowed money to the Defendant to make a great contribution to the aquaculture in the front Yong-gu, Seoul. If the Defendant invested KRW 2-3 billion in the lue fish farming business, then the amount of KRW 20-3 billion will accrue later. The lue book would be able to compensate the Government for KRW 2 billion. The lue book would be able to reimburse the amount of KRW 2 billion. The loan would be borrowed promptly.”
As above, the Defendants deceptiond the victim as above, and acquired 10 million won including the sum of KRW 10 million from the victim’s bank account on or around December 29, 2008, KRW 30 million on or around December 30, 2008, KRW 30 million on or around January 7, 2009, KRW 15 million on or around March 12, 2009, KRW 3 million on or around May 6, 2009, KRW 12 million on or around May 7, 2009, and acquired 15 million on or around April 4, 2009.
2. The victim;