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1. Defendant A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year;
2. However, from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A is the actual manager of the F Co., Ltd. established for the purpose of franchise business, restaurant business, etc., and Defendant B is the F Co., Ltd. of the F Co., Ltd.
On May 22, 2014, the Defendants were victims E from the office of the above company office of Yeongdeungpo-gu Seoul Metropolitan Government (1227, Yeongdeungpo-gu, Seoul Metropolitan Government) on May 2, 2014.
In September 2014, it is planned to open franchise business by attracting new funds of KRW 1 billion through investment companies prior to September 2014, and to establish branches nationwide through franchise recruitment.
The interest will be paid in KRW 3780,000 per month with the investment money from the investment company within 3 months.
The phrase “a loan of KRW 150 million” was false.
However, in fact, the sales of the above company were rarely insufficient, and there was no intention or ability to repay even if it was borrowed from the injured party due to the lack of assets. The employees did not pay wages, and there was unclear circumstances as to whether the H Venture Capital is bound to receive an investment of KRW 1 billion from the H Venture Capital.
The Defendants received KRW 50 million from the damaged party to the said bank account in the name of the said company on the same day, and received KRW 100 million from the said account around June 9, 2014.
As a result, the Defendants conspired to deception the victim and received a total of KRW 150 million.
Summary of Evidence
1. The Defendants’ partial statements in the second public trial protocol
1. Statement of witness E in the third public trial protocol;
1. Statement made by the witness B in the fourth public trial protocol;
1. Statement made by the witness I in the fifth public trial records;
1. Protocols concerning the interrogation of suspects by the prosecution against the Defendants (including the replacement of the Defendants);
1. The complaint, the J proposal, the statement of passbook, the process certificate, and the execution letter [the defendant A alleged to the effect that he did not have been involved in the crime of fraud committed by the defendant B, but the following circumstances acknowledged by each of the above evidence are met.