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Defendant
A Imprisonment with prison labor for a year and four months, for a defendant B to five months, and for a defendant C to eight months, respectively.
except that this shall not apply.
Reasons
Punishment of the crime
"2010 Highest 2561"
1. On March 2008, Defendant A made a false statement to the effect that “The Defendant would pay KRW 200 million, two times after three months, if he/she lent KRW 100,000,000 to his/her employees, since he/she vicariously sells the above commercial building at the 1st floor office of the Nam-gu Incheon Metropolitan City, Incheon Metropolitan City Office for the first floor of the commercial building, and the funds to be used as monthly salary or expenses of employees are insufficient.”
However, at the time, the Defendant was trying to use money for personal purposes, such as living expenses, due to the lack of variable revenue, since the dispute over the exercise of the commercial building at the time of parcelling-out with the trade union was continued, and the Defendant did not intend to use the money for the expenses for the sale of the commercial building. The reason is that the sale of the commercial building does not properly proceed due to the above circumstances, but there was no particular revenue or property, and therefore, the Defendant was not able to fully repay the borrowed money within the agreed period.
Around April 3, 2008, the Defendant received KRW 100 million from the victim to the account in the name of a bank under the name of the Yellowjin Development.
2. Defendant B and C made a false statement at the same place on April 3, 2008 to the effect that “If Defendant B and C lend KRW 45 million to the victim H as expenses for the sale of the above commercial buildings, the victim H would pay KRW 70 million including interest KRW 25 million after three months.”
However, at the time, the Defendants attempted to use the commercial building for personal purposes, such as living expenses, because they did not properly sell the commercial building as above, and they did not intend to use the commercial building for the purpose of personal purposes, such as the payment of money from the victims, and there was no intention to use it as the cost of selling the commercial building, and there was no particular income or property even though it did not run properly.