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Defendants shall be punished by imprisonment for one year and six months.
Reasons
Punishment of the crime
Defendant
A is the actual operator of C, and the defendant B is the representative director of C.
The Defendants had the intent to pay the debt incurred in the course of the operation of C with the investment money related to the business of tending to pay the debt incurred in the course of C’s operation.
Defendant
A around June 28, 2017, at D Lestop in Daegu Suwon-gu, “The victim E is unable to import 70% of the consumption of tending, and imported 70% of the consumption of tending from Vietnam and sold it to domestic retailers, and the purchaser has been secured as it engages in transactions with the local retail companies for freezing and processing in Vietnam, and the purchase price has already been secured, and the purchase price of tending will be more than 50 million won has already been secured, and 30 million won is expected to be induced with investment and 20 million won has already been invested and 30 million won has been invested to other investors.” Defendant B made a false statement to the effect that “The victim will pay 6% of the investment amount to the victim, if invested in 200 million won, 30 million won has been paid to the other investors,” and Defendant B made a false statement to the effect that “The victim will pay 6% of the investment amount to the victim through the above agreement.”
However, in fact, even though the Defendants obtained profits through the one-time increase in volume imported, the Defendants failed to secure retail stores supplied with tending around June 2017 and did not receive investments in KRW 300 million out of KRW 500 million in the purchase price for tending, so even if they received investments from the victims, they did not have any intent or ability to create profits through tending import businesses.
Ultimately, around August 29, 2017, the Defendants deceptioned the victims and received KRW 200 million from the victims to the new bank account in the name of C Co., Ltd.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each legal statement of witness F, E, G, H, and I.