Defendants shall be punished by imprisonment for ten months.

Punishment of the crime

Defendant

A while serving as an employee of the "D Co., Ltd." operated by Defendant B, the said company established the "E Co., Ltd." (hereinafter "E Co., Ltd.") under the condition that the said company takes over four lease contracts of the vessel operated by the said company as the lease, and Defendant B had a clerk to guarantee the vessel leasing obligation of the said company and had it serve as an adviser of the said company.

Since then, as the financial difficulties of the corporation make it difficult for the defendants to pay seafarers' wages, the defendants thought that they were to use the money from Defendant B and F with the awareness of the fact that they were to use the money as seafarers' wages.

Accordingly, on July 16, 2013, Defendant B made a false statement to F in the victim H corporation office located in Jongno-gu Seoul Metropolitan Government, stating that “E corporation will have repaid KRW 100 million until September 15, 2013, if it lends its operating fund to F after 10 days, since it is necessary to operate funds prior to that, Defendant B would have to pay its operating fund to F, and the Republic of Korea will also be liable for joint and several sureties.”

However, in fact, the instant company did not have a plan to receive an emergency operating fund from a financial institution, etc. in the short term, and it was difficult to manage each month due to the vessel lease obligation of 5 billion won, and even if the Defendants did not have any other property and borrowed money from the damaged party, they did not have any intent or ability to repay the amount.

As can be seen, the Defendants conspired to deception F and acquired KRW 100,000 from the damaged party, by receiving KRW 100,000 from the national bank account in the name of the company on July 16, 2013.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of the witness F, I, and J;

1. Statement made by the police with regard to F;

1. A loan certificate, each receipt, investigation report (a detailed statement of deposit and withdrawal from an account in the name of the E stock company), and details of price fluctuations in fuel oil;

1. The mail CDs (the Defendants and their defense counsel are as shown in the facts charged by Defendant B.