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Defendant
All appeals filed by A and prosecutor are dismissed.
The application for compensation order of this case shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s imprisonment (ten months of imprisonment) is too heavy.
B. The prosecutor 1) misunderstanding of facts and misunderstanding of legal principles (the defendant's joint fraud) revealed that when the defendants borrowed a total of KRW 40 million from the victim, it was impossible for the defendants to receive service costs equivalent to KRW 500 million from the new male and female corporation, and that the defendants could not pay the principal and interest of the loan within 6 months, the court below found the defendants not guilty of this part of the facts charged on the ground that the defendants did not have a criminal intent to commit fraud, and there was an error of misunderstanding of facts and misunderstanding of legal principles. 2) The court below's punishment against the defendant A is too somewhat somewhat somewhat somewhat less somewhat less.
2. Determination
A. 1) The summary of this part of the facts charged (the Defendant B’s joint fraud by the Defendant was the representative director of the I Co., Ltd., the real estate enforcement company, and the Defendant A’s director.
As the fixed costs of the above company, the Defendants: (a) required KRW 10 million every month for the wages of two employees supported by the “J” company; and (b) the other employees’ personnel expenses and expenses for office operation, such as food expenses, etc.; (c) on the other hand, the Defendants conspired to receive money and valuables from others by deceiving them by deceiving them, by making it difficult for them to receive service expenses from the new sexual male company, which is a implementing company, and there was no other assets that have to have, and thus, they did not have, receive the service expenses.
Accordingly, Defendant B instructed Defendant A to lend money to Defendant A, and Defendant A demanded H, who was aware of the aforementioned circumstances, to introduce investors, etc. with the knowledge of such circumstances, and received the victim E from the said H.
Since then, the Defendants in the middle of February 2007, at the “L” coffee shop located in Seongdong-gu Seoul, Seongdong-gu, Seoul, “A stock company I” to the victims.