Text
Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.
Reasons
Punishment of the crime
[criminal power] On November 22, 2013, Defendant A was sentenced to the suspension of the execution of six months of imprisonment for fraud at the Incheon District Court on November 22, 2013, and the said judgment became final and conclusive on November 30, 2013.
【Criminal Facts】
Defendant
A is the representative director of “stock company G” located in 5th five stories mobile to the Seoul Nam-gu Seoul Metropolitan Government F shopping mall, and Defendant B is the person in charge of investment as a management director of the company from around 2009.
On October 7, 2008, G purchased 319 stores among 900 stores of the above F shopping mall around 7, 2008.
However, there was a voluntary auction for 170 stores around 201, because it did not repay loans to Korean banks that occurred in the course of purchase.
In addition, most of the stores in the shopping mall were in the state where there were no particular incomes, and the financial situation has deteriorated to the extent that various taxes and management expenses, etc. are not paid.
1. On September 201, 201, Defendant A had the victim H receive an investment of KRW 100,000 from the victim H through Defendant I, and had Defendant B take charge of the practice related to the investment contract.
Accordingly, at the K office located in the Gangnam-gu Seoul High Court on September 16, 2011, Defendant B made a false statement to the effect that “The Plaintiff would sell the whole shopping mall after purchasing the shares of the right holder by means of investment. Upon investing KRW 100 million, Defendant B would pay the interest of KRW 3.8 million per month, and the principal would be repaid after three to five months.” Although the sale is possible on the three-month basis, Defendant B would return the principal within five months at the latest.”
However, in fact, the Defendants planned to use the investment funds received from the victims to pay profits to the victims and the existing investors rather than the store purchase fund.
In addition, Co., Ltd. G did not have any specific consultation with the right to purchase the remaining stores in the actual possession of only 149 stores among the total 900 stores, and it did not have any other right to purchase the remaining stores.