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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.
However, this judgment is delivered against Defendant B.
Reasons
Punishment of the crime
Defendant
A is a director of corporation C, and around February 19, 2016, Defendant B invested approximately KRW 80 million in the business of importing gold from Kenya of the above company, but did not receive the relevant investment money from the gold distributor.
1. The co-offenders of the Defendants conspired to use the money acquired from the victim D to use the money to repay the money borrowed from the money in order to invest approximately KRW 80 million by Defendant B, under the Kenya’s business of importing the money from Kenya.
Defendant
On March 3, 2016, A made a false statement to the victim in F located in Gangdong-gu Seoul, Gangdong-gu, Seoul, stating that “The victim is running a business in which gold is imported from Africa and has been sold in Korea. The amount of income from the flight machine is approximately 7 to 15 days. The amount of 5 million won invested in the investment principal after 15 days, and the amount of 15 million won will be added to the investment principal.” The Defendant B made a false statement to the victim in that place, “The gold business is good.” In fact, I would like to judge the amount of money and make a false statement to the Kenya. In fact, I would like to say that there are many profits.”
However, in fact, the Defendants could not proceed with the business of importing gold from Kenya any longer, and even if receiving the money from the victims, Defendant B was willing to use the money borrowed from the Kenya to pay the above 80 million won in return, not the business funds, and even if receiving the money from the Kenya, there was no intent or ability to pay the investment principal and the profits at the time even if receiving the investment money from the victim.
From March 14, 2016, the Defendants deceptioned the victim as such, and was transferred KRW 55 million from the victim to the Defendant G bank account in Defendant B as investment money.
2. Defendant A’s fraud is located in Gangdong-gu Seoul Metropolitan Governmentcheon-dong around May 20, 2018.