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Defendants shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. Defendant A is the representative director of Defendant D.
On February 2, 2011, the Defendant did not have any intention or ability to actually operate the brin restaurant even if the Defendant received the deposit from the victim E under the name of the right to operate the brin restaurant in the construction site because it was not ordered to construct the complex distribution center and its ancillary facilities for the daily members, such as the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government 226.
Nevertheless, on February 14, 2011, the Defendant received KRW 20 million from the Defendant’s office located in Seongdong-gu Seoul Metropolitan Government F building 509 on February 14, 201, on the ground that “the deposit amount shall be returned upon the completion of the construction work, after the completion of the construction work, so that the Defendant may operate a brin restaurant at the construction site scheduled to start on April 1, 201,” from the Defendant’s office, “the deposit amount shall be returned” to the Defendant’s account in the name of the corporation D on
Accordingly, the defendant deceivings the victim and 20 million won by deceiving the victim as a security deposit.
2. On February 2, 2011, the Defendant received request from the representative director A of D to introduce a person who is able to operate the restaurant in the amount of KRW 20 million as he/she takes the construction work of the complex distribution center and its ancillary facilities at KRW 226,00,000,000 as he/she did not perform the construction of the complex distribution center and its ancillary facilities at KRW 226,00,000.
Accordingly, the Defendant, at the futures store operated by the victim E, such as the preceding paragraph of the Sinpo City in the Seocho-si, on February 2011, 201, received KRW 15 million from the victim, in cash around February 15, 2011, following the purport that “the amount of KRW 20 million out of the deposit 35 million to the company account is KRW 200 million and brought about to the company.” The Defendant was paid KRW 15 million from the victim in cash around February 15, 201.
However, in fact, the defendant arranged the operation of the brine restaurant as above, and is a brine.