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Defendants shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
Defendants, in collusion with D on June 6, 2013, may receive appraisal as KRW 2.6 billion from E and the victim F at the French coffee shop located in the So-gu So-gu, So-gu, Chungcheongnam-gu, Chungcheongnam-do.
When a bank obtains a loan of KRW 1.7 billion, the amount obtained by deducting the amount from each one shall remain at the level of KRW 600 million, and the remaining expenses shall remain at the level of KRW 400 million.
If an investment of KRW 90 million is made in the first place in the sale contract deposit, appraisal fee, etc., KRW 90 million,00,000,000 is required, the profit will be KRW 20 million.
“A false representation was made.”
However, in fact, even if the Defendants received the above money from the injured party, they did not have the intent or ability to purchase a raw plant G or to return the invested money from the injured party.
In doing so, the Defendants conspired with D, by deceiving E and the victim as above, and received KRW 10 million from the injured party around June 10, 2013, Defendant A received KRW 40 million from the foreign exchange bank account (H) with Defendant A’s name on June 14, 2013, and acquired KRW 90 million in total from the same account under Defendant A’s name on June 17, 2013.
Summary of Evidence
1. Each legal statement of witness F and E;
1. Each statement of F and E in the protocol of interrogation of the suspect against D or Defendant B by the prosecution;
1. Each police statement made to F and E;
1. Application of Acts and subordinate statutes to a statement of passbook transactions, certified copy of register, confirmation of transfer result, process certificate, each record book, land and building records of a livelihood plant, building records, cash storage, self-check checks, statement of savings deposit transactions, investigation report (verification of the status of assets at the time of occurrence of a suspect D counterpart case), investigation report (including statement of distribution of money by the complainant) and investigation report;
1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;
1. Reasons for sentencing of the sentence for the choice of punishment [the scope of each recommendation] General Fraud No. 1 (less than KRW 100 million) (6 months to 1 year and 6 months) (the person who is subject to special sentencing] [the decision of sentencing] Defendants are harsh to the victim as they were unable to realize.