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Defendant
A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 3,000,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
[criminal record] On October 26, 2016, Defendant A was sentenced to a two-year suspended sentence of imprisonment for fraud at the Incheon District Court on June 26, 2016 and the judgment became final and conclusive on November 3, 2016.
[Criminal facts]
1. Defendant A around March 11, 2015, at “E Eart” located on the first floor of the building underground of the Nam-gu Incheon Metropolitan City D Building, Defendant A is expected to open the victim F to the victim F.
The remainder of the sales proceeds will be brought to the Party at all to the Party to the Party for the tegroid deposit of KRW 70 million, monthly rent of KRW 4 million, which shall be entrusted to the Party for the Party. The Guarantee will be returned to the Party when the tegrt closes.
“.....”
However, in fact, the Defendant, from around 209 to around 2009, was under the status of being registered as bad credit holders because the Defendant had a debt of KRW 300 million due to the wind to take over and operate the marina in a timely fash and repeating the closure of the business. The Defendant, who had taken over the marina prior, sold goods on a temporary basis from several companies and sold the goods on the basis of “open effect” and thereafter transferred the right to operate the marina after the lapse of a certain period, not only had the power to transfer the right to operate the marina, but also there was no particular property or income, but also had the Defendant appropriated all funds necessary for the acquisition of the said “EE” from G, H, etc., and was supplied with the said marina to the company on credit from the victims. Since there was a sudden situation in order to pay the debt to the victim even if he was paid the deposit, the Defendant did not have the ability to return the intent and the deposit received by the victim through the business of the said marina.
Around March 11, 2015, the Defendant: (a) deceiving the victim as above; and (b) under the name of the J designated by the Defendant around March 18, 2015, the amount of KRW 500,000,000 to the account of the I bank designated by the Defendant; and (c) around March 18, 2015.