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Defendants shall be punished by imprisonment for eight months.
However, with respect to Defendant A, the same shall apply for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Defendants B’ joint crime is a person operating a business entity called “F”, and Defendant A is a person operating a F sports center.
Defendant
B did not make any profit while operating the above company, and there was a shortage of funds to repay the debt incurred while operating the company, and there was a conspiracy to obtain money from the victim G with the defendant A to acquire the above gymnas investment name of the above g.
around June 29, 2014, the Defendants are expected to make an investment in a F club in the “F Egymnasium” of Defendant A’s operation located in the Nam-gu Incheon Metropolitan City, Incheon, and the victims are expected to use the F club as the cost of expanding facilities and repairing the health club facilities. The amount of the investment is planned to be used as the cost of repairing the health club facilities and KRW 3 million with the monthly profits.
Of the investment funds, KRW 60 million will be refunded to the 60 million deposit for the lease of the above health club.
“A false representation was made.”
However, there was no fact that the above FF sports management officer paid the lease deposit to the lessor of the building where the said FF sports management officer was located, and thus, the sports center was unable to normally operate due to the failure to pay approximately KRW 18 million, and thus, it was difficult to normally operate the gymnas. Even if the gymnas were invested from the damaged party, the gymnasium did not intend to use the gymnasium first to repay the business fund or the debt, and there was no plan to use the gymna
On July 15, 2014, the Defendants: (a) by deceiving the victim; and (b) transferred KRW 70 million to the new bank account (I) in the name of Defendant A on July 15, 2014; and (c) KRW 10 million to the national bank account (J) in the name of Defendant B.
2. On November 2014, Defendant B’s fraud Defendant (i.e., planned to give removal order to the victim G at an influence place.
If an investment of KRW 25 million is made, 5.0 million shall be made from January 2015 after the removal of construction works.