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1. The crimes against Defendant A [2016 height group 5763] No. 1-Ga and [2017 height group 3938] are committed against Defendant A.
Reasons
Punishment of the crime
Defendant
On April 8, 2011, A was sentenced to one year and six months of imprisonment for fraud in this court, and the execution of the sentence was terminated on February 15, 2012. On November 19, 2014, A was sentenced to a two-year suspended sentence for the same crime in the same court. On April 18, 2015, A was sentenced to a two-year suspended sentence.
In addition, on August 2, 2017, Defendant A was sentenced to fraud, violation of the Labor Standards Act, violation of the Workers' Retirement Benefit Guarantee Act, violation of the Act on the Guarantee of Workers' Retirement Benefits, embezzlement, and 1 year and 10 months of imprisonment, and 8 months of imprisonment. The above judgment was finalized on January 16, 2018.
[2016 order 5763, hereinafter “5763”) Defendant A, B, and C
1. Defendant A’s crime;
A. On July 9, 2013, 200 million won against the victim R, Defendant A is a person who actually operated S and T Co., Ltd. operating the parking lot business, and S and T Co., Ltd. (hereinafter “S”) are substantially the same companies.
Defendant
A around July 2013, at the office of SU in Busan-gu, Busan-gu, there is a request for the investment of the victim R in the parking lot business operated within the city. On the other hand, the amount calculated by the annual interest rate of 30% shall be paid to the party as the revenue on the 30th of each month.
“.....”
However, in relation to the parking lot business, Defendant A has already been liable to pay the principal amount of KRW 400 million in total to V and W and its interest, and Defendant A had an obligation to pay the principal amount of KRW 24% or 30% per annum. At the time, S operated by the Defendant had experienced business difficulties. At the same time, profits only from the parking lot was in the state of buckbucks, or payment of wages to S’s employees. Therefore, even if receiving the investment funds from the victim R, Defendant A had no intent or ability to repay the investment funds or pay the investment profits.
Nevertheless, the defendant A deceiving the victim R as above and belongs to the account in the name of S from the victim R on July 9, 2013.