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Defendants shall be punished by imprisonment for eight months.
However, with respect to the defendant A, it shall be for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A, on July 26, 2011, sentenced to 6 months of imprisonment with prison labor for the crime of forging private documents, etc. at the Gangnam Branch of the Chuncheon District Court and 2 years of suspended execution on August 3, 2011, and the judgment became final and conclusive on August 3, 201, and Defendant B was sentenced to 6 months of imprisonment with prison labor for the same crime in the above court on January 6, 201 and 2 years of suspended execution on August 3, 2011.
1. In the beauty art room of the trade name “D” operated by Defendant A on September 14, 2009, which was operated by the fourth floor of the Gangnam-si C building, the Defendants falsely conclude that Defendant A borrowed 40 million won from the branch of the above beauty art room to the victim E, who was introduced by the branch of the above beauty art room, to open the beauty art room in another place. The Defendant B, the husband of Defendant A, the husband of the above case, “I would make payment after one year, if I borrowed 40 million won to open the beauty room.” The Defendant B, the husband of the Defendant, would make payment later, “I will make payment to the victim if I open the beauty room.” The Defendant B, the husband of the above case, “I will make payment to the victim later. I will have borrowed 40 million won as the maturity of September 14, 2010, and pay interest at 24% per annum.”
However, at that time, the Defendants had no particular property; Defendant A had no intent or ability to properly repay the said debt even if she borrowed money from the victim, on the following grounds: (a) Defendant A had a total of at least KRW 300 million liability to F, the owner of the building of the said C building; and (b) had a total of at least KRW 400 million liability to G, the owner of the building of the said C building; and (c) Defendant B was unable to pay the interest; and (d) Defendant B was aware of the foregoing fact and there was no other way to repay the said debt.
The Defendants received 39,200,000 won from the victim to the NongHyup Bank account in the name of Defendant A on the same day.
2. The Defendants are located in Gangnam-si on January 8, 2010.