Defendant

A shall be punished by imprisonment with prison labor for four years and by imprisonment for one year.

Punishment of the crime

On June 26, 2016, the Defendants entered into a contract for the installation of air conditioners with the victim F on the second floor of the Songpa-gu Seoul E-building, stating that “the victim would move to the new city apartment by July 14, 2016, the date of moving into the said new city, the date of moving into the said new city,” and entered into a contract for the installation of air conditioners.

However, the facts are as follows: Defendant A was unable to establish the air-conditioner in his name and was in bad credit standing, and was not able to engage in financial transactions; however, around February 2016, Defendant A established the air-conditioner under the name of Defendant B, which is the company installing the air-conditioner, with capital in the name of Defendant B. Since the amount that the victim received from the victim without any property was thought to be used for other purposes, such as repayment of the existing debt, even if the amount that the air-conditioner installed was remitted from the victim, Defendant A did not have the intent or ability to install the air-conditioner until the date of occupancy as agreed upon.

In collusion, the Defendants received 6,072,200 won from the victim to the bank account in the name of the Bank in the name of the Bank in charge of the settlement of accounts on June 26, 2016 and received 529,348,230 won in total from the 98 victims, as shown in the attached list of crimes, from May 15, 2016 to July 15, 2016.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F, H, and I;

1. Each statement and each written complaint;

1. Application of each contract, each account transaction statement and transfer certificate, each credit card table, and statutes on the statement of use of cards;

1. Relevant Articles 347(1) and 30 of the Criminal Act and the Defendants’ choice of punishment for the crime: Articles 347(1) and 30 of the Criminal Act; and

1. Defendants from among concurrent crimes: Reasons for sentencing under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. The scope of recommendations shall be the general fraud type 3 (not less than 50 million won, and less than 5 billion won); and