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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.
, however, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] Defendant A was sentenced to one year of imprisonment and two years of suspended execution at the Daegu District Court on March 14, 2014, and the judgment became final and conclusive on October 30, 2014.
【Criminal Facts】
Defendants are siblings between each other; Defendant A is a person who operates a factory producing mobile phone charging devices, etc. in China; Defendant B was engaged in the business of distributing mobile phone charging devices, etc. supplied by Defendant A in the Republic of Korea.
The Defendants are in a situation where the factory in China operated by Defendant A is financially difficult due to the sudden increase in exchange rates around 2008, and they are willing to receive investment money from investors as a cost of installing cell phone charging machines.
Accordingly, Defendant B, through employees G at the F Office of the F Office in Daegu-gu E 2nd floor around February 2010, stating that “The eco-friendly A operates a mobile phone music factory in China, and it has been supplied a mobile phone license to large enterprises with the help of high school dong, which is serving as a public official of the Ministry of Information and Communication, so if it invests in the mobile phone music manufacturing business, the principal shall be given within one year, and 4% of the monthly investment amount shall be paid as profits.” Defendant A also decided to supply the above G with the mobile phone music services to the large enterprises, and that Defendant A would work as a public official of the Ministry of Information and Communications, and that it would make an investment.” Defendant B received from the victim the total amount of KRW 1,000,000,000 from the victim, KRW 3,500,000,000,0000,000 won from each of the national bank accounts in the name of the victim.
However, in fact, when Defendant A operates a mobile phone charging plant in China, the debt of KRW 100 million, such as factory rent and cost of parts, is accumulated.