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Defendant
A A shall be punished by a fine of five million won, by imprisonment with prison labor for one year for each of the defendants B.
Defendant
A does not pay the above fine.
Reasons
Punishment of the crime
Defendant
A is the representative director of E Co., Ltd. (hereinafter “E”), and Defendant B is the managing director of E.
1. Around May 23, 2012, Defendant A made a false statement to Defendant A’s H office of a certified judicial scrivener H located in Gangdong-gu Seoul Metropolitan Government, stating that “If Defendant A lends KRW 30 million to the victim I, Defendant A would give three additional interest and pay the principal two months later.”
However, at the time of fact, E had been used to lend basic operating expenses such as employee's wages, communications expenses, and rents with the state of the enemy's continued, and even if the defendant borrowed money from the victim due to no special income or property, E did not have the intent or ability to pay it within the agreed time limit.
As such, the Defendant, by deceiving the victim, received 29.1 million won, excluding the prior interest and KRW 9.1 million, from the victim, in the name of the same day as the loan money from the victim.
2. Defendant B: (a) around August 27, 2012, at the E office located in Songpa-gu Seoul Songpa-gu J, Defendant B is only called “F” as “F” for the victim Company D.
The company exclusively acquired the exclusive authority for sale, distribution, installation, and construction with respect to all of the ED-related products that were developed and produced by the company;
If 100 million won is paid as down payment and security deposit, it shall be awarded the total sales and construction right.
‘A false statement' was made.
However, in fact, E agreed to purchase the exclusive sales right to exclusively sell the LED-related products produced by F and F around July 20, 2012, but only paid 50 million won out of the above price and did not purchase the above exclusive sales right because it did not raise the remainder. Therefore, even if the victim received KRW 100 million from F as the down payment and the deposit money, there was no intention or ability to give the victim the right to purchase the above exclusive sales right.
The Defendant is the victim.