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Defendants shall be punished by imprisonment for one year and six months.
Reasons
Punishment of the crime
On March 20, 2017, the Defendants: (a) at the F Office of Defendant A’s operation of the Guro-gu Seoul EM building No. 804, Defendant G sought to acquire the right to implement H shopping building construction and to borrow 60 billion won in investment. The Defendants borrowed the amount of KRW 100 million in business funds to KRW 200 million within 10 million within 10 days, and if the Defendants fail to give KRW 200 million within 10 days, the Defendants transferred the amount of USD 12 million in trade funds ($ 180,000 in Hong Kong, USD 1.8 billion in Korea) to the bank account in the name of Korea used by the FF bank on the same day.
However, in fact, H commercial construction projects were no longer in progress, and the amount borrowed from the injured party was planned to be used for the personal purpose of the Defendants, such as the operating expenses of F Co., Ltd. regardless of the above H commercial construction projects, and there was no intention or ability to pay the amount properly.
Nevertheless, the Defendants conspired, as seen above, by deceiving the victim, and received 100 million won from the victim as the borrowed money, and acquired it by fraud.
Summary of Evidence
1. Defendant B’s legal statement
1. Entry of the defendant A's partial statement in the first trial record;
1. The legal statement of the witness G and some of the witness B’s legal statement (with respect to all of the defendants A)
1. Details of transactions of entry and withdrawal (No. 12 No. 12 of the evidence list);
1. A copy of each monetary consumption lending contract, including a copy of J business outline, a copy of the deposit sheet, a copy of the deposit sheet, and a copy of each statement of transaction [Defendant A and the defense counsel denied the intent of deception and deception, etc. However, according to the evidence duly adopted and examined by this court, such as the process of the victim's request for the lending of money, the situation and details of deception at the time of receiving the request for the lending of money, and the address of the amount borrowed from the damaged party, etc.