Defendant

B Imprisonment for 10 months, Defendant A shall be punished by a fine of 5,000,000 won.

Defendant

A The above fine shall be imposed.

Punishment of the crime

Defendant

B On September 22, 2009, the Seoul Western District Court was sentenced to one year of imprisonment for fraud, and the judgment became final and conclusive on January 21, 201.

On December 22, 2008, the Defendants conspired to offer 100 copies of the Cement document to the victim F as security at the first floor coffee shop of the Gangnam-gu Seoul E branch. Defendant A, who was the chairperson of the above B, lent 50 million won as a fund for the operation of the cosmetics company operated by B, he paid the principal after 2-3 months, and paid 2 million won as interest per month.

However, in fact, Defendant B is not the president of G, and Defendant B did not have the value of collateral because it had a credit from H operated by Defendant B, and even if he borrowed money from the victim, he did not have the intent or ability to repay the principal and interest at the time.

Nevertheless, the Defendants deceptioned the victim as above, and then acquired 44 million won after deducting 6 million won from the victim's prior interest at that time, and acquired 44 million won.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness F, H, I, and B;

1. Details of financial transactions, remittance statements, statements of transactions, and financial transaction statements;

1. A certificate of salary;

1. B name cards;

1. Previous convictions: Criminal records, investigation reports (Attachment to B same kind of judgment), application of court rulings and other statutes;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 347(1) and 30 of the Criminal Act

1. Selection of punishment;

A. Defendant A: Selection of a fine

B. Defendant B: Imprisonment option

1. Defendant B who handled concurrent crimes: The latter part of Article 37 and Article 39(1) of the Criminal Act;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant B who has suspended the execution: Article 62 (1) of the Criminal Act (hereinafter referred to as the following circumstances favorable to the accused among the reasons for sentencing);

1. Defendant A: Defendants A of Article 334(1) of the Criminal Procedure Act.