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Defendants shall be punished by imprisonment for one year and six months.
Reasons
Punishment of the crime
Defendants are married couple, who operated a water drying plant with the trade name of "E" in Gyeyang-gu, Gyeyang-gu, Yangyang-gu. The victim F works for a long time in the above company as an employee and is closely related to the Defendants.
1. On October 5, 2011, the Defendants made a false statement at the above D factory stating that “A branch factory is insufficient to take over and transfer the water laundry factory located in Yongsan-gu Seoul Metropolitan City G in the redevelopment area. If the Defendants borrowed money with a house as collateral, they would move the factory, operate the factory, complete the payment after the factory, or receive the loan as collateral, and if they do not, they would have to know about the fact that there was a house in the name of the Defendants.”
However, the Defendants had no intention or ability to pay the money to the victims even if they borrowed money from the victims because the Defendants had no intention or ability to pay the money due to the fact that they had not been able to normally take over and operate the G factory due to the lack of the cost of transferring the name of the G factory at the time, or to receive the loan as security.
The Defendants conspired to induce the victim as such and deceptioned the victim by deceiving him from the victim on the 12th day of the same month, KRW 5 million around July of the same year, KRW 5 million around December of the same year, KRW 500,000 around December of the same year, and KRW 100,000 around December of the same year, and KRW 10,000,000 around December of the same month.
2. Around May 3, 2012, the Defendants made a false statement to the effect that “A factory operator will borrow a house with insufficient factory operating expenses as security and use it only for several months per week.”
However, in fact, the Defendants did not have the intent or ability to repay money even if they borrowed money from the victim because they did not normally transfer the name of G factory at the time.
The Defendants conspired to do so.