Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

However, from the date this judgment became final and conclusive, Defendant A.

Punishment of the crime

Defendant

A was the representative director of C, and the defendant B was the director of the above company.

On June 28, 2018, the Defendants concluded that “Around June 28, 2018, the Defendant borrowed money from the F office operated by the victim E in Gangnam-gu Seoul Metropolitan Government (hereinafter “F office”) to lend KRW 30 million to the company’s operating fund.”

However, in fact, the above company operated by the defendants did not have any actual operating profit, but did not fully repay the debt with the loan of KRW 600 million from another company and issued convertible bonds. Since it was thought that part of the borrowed money from the victim was used to repay the personal debt of the defendants, it did not have any intent or ability to repay it even if it borrowed money from the victim.

As above, the Defendants deceptioned the victim and acquired the victim's 30 million won on the same day from the victim.

Summary of Evidence

1. Application of the Acts and subordinate statutes of the police protocol E to each of the Defendants’ written statements, E, the statement of transactions, the statement of payment, and the certificate of deposit;

1. Relevant Articles 347 (1) and 30 of the Criminal Act and the choice of punishment for the crime (for the defendants), Articles 347 (1) and 30 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act, each of the suspended sentence (the defendants);

1. Scope of punishment by law: One month to ten years of imprisonment;

2. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below KRW 100,00 for fraud (type 1) according to the sentencing guidelines: Reduction area of mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month or one year;

3. In addition to the circumstances and details of the Defendants’ criminal acts, and the amount of damage, the Defendants’ liability is not less exceptionally given that the Defendants’ criminal acts were committed. However, the Defendants are not subject to punishment.