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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for five months.
An application for compensation by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
around September 5, 2009, Defendant A made a false statement to the victim H, “A, at the F Office in Seoul, Gangnam-gu, Seoul, 2013 Highest 2941, had 1301, an employee G newly build and operate a restaurant on a scale of 25 million square meters at the 383-8 p.m., Geumnam-gu, Geumnam-do at the face of a week, the sum of KRW 25 million as the down payment for restaurant operation services.”
However, in fact, the above land is only a road of 121 square meters and there is no intention or ability to operate a restaurant due to the fact that the factory site is not purchased.
Defendant
A by deceiving the victim as above, and by deceiving it from the victim, he received 25 million won from the national bank account in the name of I as the down payment on September 5, 2009 to the national bank account in the name of I.
Defendant A is the representative director of F Co., Ltd., and Defendant B is the person who has performed the F's business of raising funds at the request of Defendant A.
1. Defendant A instructed Defendant B to prepare funds on the pretext of taking over the Kim Jong-si factory for solar power generation projects. Accordingly, Defendant B, introduced through J around June 201, proposed that “A would take over the factory of Benese-dong, Inc., Ltd., Ltd., Ltd., located in Masan-dong, in the city of Kim Jong-dong, which produces the core components for solar power generation in F, a stock company,” which is the core components for solar power generation. When establishing a collateral mortgage on the real estate owned by the party, he would take over the Kim Jong-si and purchase the real estate owned by the party after taking over the new Kim-si by using it.”
After that, on July 15, 2011, Defendant B may take over the victim again at the Licensed Real Estate Agent's Office for the Operation of the Victims in Gyeyang-gu Incheon Gyeyang-gu, Incheon, but only the expenses incurred in establishing and relocating the real estate name of the whole factory.
The underground store located in Gyeyang-gu Incheon Metropolitan City L, which is owned by the party.