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Defendants shall be punished by imprisonment for six months.
However, with respect to Defendant B, it shall be for 2 years from the date of the final judgment.
Reasons
Punishment of the crime
Defendant
A is a person who operates the beauty cosmetic in the trade name of “E”, and Defendant B is a representative in the name of the foregoing EM, and the Defendants were living together.
On October 9, 2009, the Defendants concluded to the effect that “Around October 9, 2009, the victim G was provided with KRW 200 million (200,000,000,000) for LED Corporation I (H Co., Ltd.) operated by HH Co., Ltd. on December 16, 2009. The Defendants made a false statement to the effect that “Around March 8, 2010, if the Plaintiff lent KRW 4675,00,000,000,000,000,000,000 won per 5-month interest per month (5,000,000,000,0000 won) to the victim G, i.e., the date of issuance of LED Corporation I (H Co., Ltd.) was equal to the 3-month number per December 16, 2009.
However, the facts are that Defendant B received from H Co., Ltd. I a share sheet equivalent to KRW 200 million due to the consideration of construction cost, and there was no intention or ability to pay back the cash after the settlement was made by J. In addition, Defendant B received a request from the J for the settlement of cash by discounting the share sheet equivalent to KRW 55 million due to the face value per share of Co., Ltd. I in the name of Defendant A, the settlement of which was not made, and at the time, Defendant A’s private teaching institute operation funds were used by J and Defendant B by dividing one half of the cash to be financed. At the time of this case, Defendants and Defendant B did not have any intention or ability to pay the share sheet normally or cash financed with the above share sheet.
As a result, the Defendants conspired to induce the victim and received KRW 42.5 million from the victim's seat to the face value per unit discount, i.e., KRW 55 million, and around that time, acquired financial benefits equivalent to KRW 46.75 million by deducting the amount equivalent to KRW 2.7 million from Defendant A's debt to Defendant A and receiving the remainder of KRW 1.55 million.
Summary of Evidence
1. Defendants’ each.