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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.
However, from the date this judgment became final and conclusive, Defendant.
Reasons
Punishment of the crime
Defendant
On May 13, 2011, A was sentenced to three years of imprisonment and three years and six months of imprisonment at the Seoul Central District Court, and the judgment became final and conclusive on January 26, 2012.
Defendant
A is the actual operator of the F Co., Ltd. in the second floor of Gangnam-gu E building, and the defendant B was in charge of accounting affairs in the above company.
Defendant
A had already been worth KRW 17-1.8 billion with the above company’s debt, and had Defendant B borrow money from, or received investment from, the victims who have been his own will in the absence of management of the company.
1. On September 2008, Defendant B made a false statement to the victim G at the F office of the F office of the F office of the said stock company, stating, “In the event of money, the money will be lent, and if so, the interest will be paid later.”
However, as above, the above company has already been in a large amount of debt and has been difficult to operate, so even if it borrowed money from the victim, it did not have an intention or ability to repay it.
On October 30, 2008, the Defendants received KRW 25 million from the victim as the borrowed money from the bank account in the name of Defendant B to the bank account in the name of Defendant B.
2. Around November 2008, Defendant B made a false statement to the victim H stating that “When intending to engage in sound record production and distribution business and sound source business, Defendant B will receive a monthly amount of 9% of the investment amount. Principal would result in an investment return later.”
However, as above, the above company has already been in a large amount of debt and has been difficult to operate, so even if it borrowed money from the victim, it did not have an intention or ability to repay it.
The Defendants received KRW 25 million from the victim on November 19, 2008 as the borrowed money from the bank account in the name of Korea on November 19, 2008.
Summary of Evidence
1. Defendant A’s legal statement and part of Defendant B’s legal statement
1. Witness G;