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Defendants shall be punished by imprisonment for eight months.
However, for two years from the date this judgment became final and conclusive against the Defendants.
Reasons
Punishment of the crime
On March 2013, the Defendants came to know of the victim D while accepting entertainment taverns in Ulsan with a policeman in the middle of 2013 and soliciting investors to operate it. Defendant A was not capable of investing KRW 60 million in order to employ an employee of entertainment taverns, and the Defendants conspired by deceiving the victim even though the victim did not have an ability to preserve the amount of KRW 60 million invested by the victim.
around March 26, 2013, the Defendants: “Defendant A made an investment of KRW 60 million in the cost of recruiting employees, and invested KRW 60 million in the cost of acquiring a business establishment, such as premium, etc. to the victim in the Nam-gu, Ulsan-si, Ulsan-si, and operated an entertainment drinking house as a club business. The operation of an entertainment drinking house is conducted B, and monthly profit is KRW 10 million. Even if the business is wrong, the Defendants are able to return the investment money to the account in question.” Defendant B borrowed KRW 60 million from the creditor on March 26, 2013 by the victim and A until March 26, 2014.
“In the vicinity of the above notarial office, the victim and A had the seal affixed to the victim and A in order to enable them to be notarized.
However, even if the victim delivered KRW 60 million to the victim, the Defendants did not intend to use it as expenses for entertainment drinking house acquisition. Defendant A did not have any particular property and invested KRW 60 million as expenses for employee recruitment, or the victim did not have the ability to return the investment money to the victim if the victim demands the return of the investment money due to the mistake in business. Defendant B merely intended to use it for gambling even if the victim remitted the money, and did not intend to use it for entertainment drinking business.
The Defendants conspired to induce the victim, thereby deceiving him/her, and deceiving him/her on March 27, 2013.