Defendant

The sentence against A shall be six months of imprisonment.

Defendant

B is not guilty.

Criminal History (Defendant A)

1. Borrowing money;

A. On March 6, 2015, the Defendant stated that “Around March 2015, the Defendant would provide the aforementioned factory design services to the victim E in order to build a new factory of building materials in company G on the 10th land outside the former Young-gun F, Young-gu, Seoul, and then borrowed KRW 20 million as expenses are required.”

However, the defendant did not have an intention or ability to pay the amount even if he borrowed money from the injured party, since it is unclear whether to construct a new factory under the condition that capital was not provided for the construction of a new factory of building materials at the time.

Defendant deceiving the victim as above and acquired 20 million won from the victim at the same place around March 6, 2015.

B. On April 24, 2015, the Defendant made a false statement to the effect that “Around April 24, 2015, the Defendant called the victim’s phone called at the insane area of Gangnam-gu Seoul Metropolitan Government (Seoul), and returned KRW 933,000 within a week on the face of the Plaintiff.”

However, since the defendant did not have any special profits at the time, the defendant did not have any intent or ability to pay the damages even if he borrowed money from the victim.

The defendant deceivings the victim as above and received 933,000 won from the victim as the borrowed money on the same day.

2. On March 6, 2015, the Defendant defraudation of design service costs, at the same place as the foregoing 1-A around 13:00, the Defendant falsely concluded that “In order to construct a new construction of a factory of construction materials in the name of G Co., Ltd. on the surface of 10,00,000, the Defendant would give a contract for construction services of a factory building at KRW 128,000,000 and pay the proceeds by obtaining a loan.”

However, the defendant has not prepared capital for the establishment of a factory at the time, and there is a specific plan for the preparation of capital.