beta
Text
Defendant
A Imprisonment with prison labor for two years and for one year and six months, respectively.
Reasons
Punishment of the crime
1. Fraud - Defendant B is a director of G Co., Ltd. who actually operates the said company, and Defendant A is the representative director of the said company.
From August 2012, the Defendants were unable to pay KRW 43 million borrowed from the victim F to the victim F around June 21, 201, at the HH sale office of the ASEAN-si around August 2012, the Defendants: “The purchase price of KRW 43 million is “the purchase price of KRW 43 million” in this opportunity; however, according to the special agreement of Article 15 of the Commercial Building Supply Contract (Evidence 14 pages), the above KRW 43 million is included in the balance, not the down payment.
Since there is no risk of actual disadvantage to the Defendants’ exercise of their right to defense, modified modifications are recognized as above (hereinafter the same purport is amended). The parts related to the contract deposit and intermediate payment are included in the same purport, and the H 105 and 106,000 won, constructed by G, a stock company, is sold in lots.
In the false words, H 105 drafted a sales contract of KRW 200 million for H 105 and a sales contract of KRW 250 million for 106, respectively.
However, as the Defendant planned to sell H 105 and 106 to another person, even if the damaged person included the above KRW 43 million in the sale price and received KRW 150 million in the down payment and the intermediate payment, there was no intention or ability to sell H 105 and 106.
In collusion, the Defendants: (a) conspiredd the victim to deception the victim; (b) obtained the total amount of KRW 150 million from the victim to the corporate account of G Co., Ltd. on August 7, 2012; (c) KRW 50 million on August 10, 2012; (d) KRW 30 million on September 15, 2012; and (e) obtained the remittance of KRW 20 million on October 31, 2012 from the victim to the corporate account of G Co., Ltd.; and (e) acquired the total amount of KRW 150 million.
2. Breach of trust - Crimes concerning victim I Co., Ltd.
A. Basic facts were operated by the Defendants, G, Inc., in 2012.