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Defendant
A shall be punished by imprisonment with prison labor for six months, and imprisonment with prison labor for ten months.
However, this judgment is delivered to Defendant A.
Reasons
Punishment of the crime
1. The Defendants’ co-principal
A. On July 10, 2012, the Defendants made a false statement that “The Defendants would pay an amount of KRW 10 million per 40,000 per day on the day on which the victims would receive KRW 10,000 per 10,000 per day of the number of days operated by the victims because they need to live clothes at a store,” to the victims E from the Nam-gu Incheon Metropolitan City F underground shopping mall.
However, around April 2012, the Defendants opened a new business of 'G' with the trade name "G" in the above F underground shopping mall, and since the operation of the above store was difficult, sales have decreased rapidly since July 2012, and there was a loan borrowed from others than the victim, so even if the Defendants received the fraternity from the victim, they did not have the intent or ability to pay the fraternity every ten months.
The Defendants, as such, by deceiving the victim, received KRW 10 million from the victim under the pretext of the guidance.
From the early August 2012, the Defendants: (a) by deceiving the victim from the above-mentioned method at the above-F underground shopping districts; and (b) received KRW 10 million from the victim as a guidance.
As a result, although the Defendants did not have the intention or ability to pay the fraternity payments, they deceiving the victim and received the total amount of KRW 20 million from the victim as a guidance.
B. On July 15, 2012, the Defendants made a false statement to the victim H and I husband and wife of the victim H and I who were unable to receive an advance payment from the J. If the Defendants borrowed KRW 15 million from the J as an advance payment, the Defendants received an advance payment from the J and paid KRW 30 million to the victims, and then paid KRW 15 million from the victims before the payment of the advance payment. The Defendants made a false statement to offer the commercial lease agreement of KRW 182 as security for the said KRW 30 million.
However, in fact, the Defendants are worth KRW 15 million from the victims.