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Defendants shall be punished by imprisonment for ten months.
Reasons
Punishment of the crime
In around 2008, the Defendants introduced G technology to the Incheon Songdo International City, along with Nonindicted F that established the Hong Kong Investment Company E, and was in charge of attracting investments in promoting the development of the H complex.
However, the above E merely pretended to be an investment company in the Hong Kong, and is a company with no foreign capital investment for the said business, and the Defendants did not have any asset to make direct investments, and thus, there was no other ability to procure the said investment fund in addition to borrowing money from other persons by borrowing the said investment business. Thus, insofar as the loan is not continued from other persons, the above business did not have the ability to continue.
Even if the Defendants borrowed money from the victim I with no capacity to implement the above project, they did not have the intent or ability to pay the money to the victim by attracting investments from other companies, etc. within two months of the due date, and despite the absence of the intent to offer the smart city stocks as a security for the borrowed money, the Defendants conspired to borrow money of KRW 100 million from the above victim on January 2009, as operating funds, such as the Seoul Gangnam-gu J office rent for the above company's J office.
Defendant
A around January 30, 209, at the home of the victim I, K Apartment 431 Dong 602, Dong-gu, Suwon-si, Suwon-si, 2009, lent KRW 100 million to the victim for two months as a condition for the payment of interest by 3rd part of the month. At the same time, the defendant A guaranteed his/her obligation, and made repayment by March 30, 2009.
The Defendants, as above, deceiving the victim and deceiving it from the victim on January 30, 2009, KRW 1,00,000,000,000,000,000,000,000,000,000,000 won to the account under the name of Korea Exchange Bank under the above E, at the same time and time, around the same day, and around February 4, 2009, to the above E same account.