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Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.
However, as to Defendant A, this shall not apply.
Reasons
Punishment of the crime
1. On February 8, 2012, Defendant A, at the meeting room of the G Co., Ltd. located in the Gangnam-gu Seoul Metropolitan Government F Building, concluded that “A person who operates H, is the head of the K organization distribution business entity, the director of the K organization, who is a member of the K organization, may be supplied with scrap metal from L and distribute it across the country, and net profit of more than 30 billion won per annum and more than 10% per annum shall be guaranteed, but if the down payment is paid, Defendant A will register as L Co., Ltd. under the J organization.”
However, the Defendant did not have any intention or ability to register the victim as L's partner company because the Defendant was not the head of JJ organization distribution business entity or K organization director.
The Defendant, by deceiving the victim as above, let the victim transfer KRW 200 million to the account of M&A on the same day as the contract deposit for the registration of the subcontractor, and acquired KRW 12 million from the victim around the 29th day of the same month and KRW 3 million on the 6th day of the same year and acquired KRW 215 million in total from the victim.
2. Defendant B, who was a real representative of M&A, a real estate consulting company, mediated the case of selecting a L&A partner between the victim A and I.
On August 10, 2012, the Defendant called the victim A to “a request the return of the down payment received unless he/she had resolved the registered case of L Cooperative,” and requested the victim A to return it to the said company’s account by remitting the down payment amount of KRW 40 million, out of KRW 80,000,000 received from I to the said company’s account in the name of the Defendant’s office located on the first floor of the Gangnam-gu N Building.”
On August 10, 2012, while the Defendant was in custody of the said 40 million won by requesting the return of down payment from the victim, the Defendant was in custody of the said 40 million won under the name of office rent for Internet banking at the said office.