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Defendant
A shall be punished by imprisonment with prison labor for four months and by imprisonment for five months.
Reasons
Punishment of the crime
Defendant
B On November 15, 2016, the Gwangju District Court sentenced the imprisonment of eight months for fraud, and the said judgment became final and conclusive on the 23th of the same month.
Defendant
B The former representative director of F Co., Ltd. is the actual operator, and Defendant A is the vice president of F Co., Ltd.
The Defendants, while engaging in activities under the pretext of investing in domestic development projects with the inducement of foreign capital, did not actually proceed with domestic development projects or received the inducement of foreign capital. The Defendants, even if they borrowed money from another person on the pretext of expenses for attracting foreign capital, intended to acquire money by borrowing money by pretending that the inducement of foreign capital would soon disappear, without the intent or ability to repay the borrowed money.
Accordingly, on November 25, 2014, Defendant A made a false statement to the victim H at the F Office in Gwangju Northern-gu, Seoul, stating that “A deposit of 500 million won into the National Bank and the Foreign Exchange Bank is required due to the inducement of foreign capital following the development project for the future industrial complex, but the expenses for the final work need to be paid in one month after lending KRW 30 million.”
In fact, the Defendants did not have deposited into a bank by carrying out a future industrial complex development project or attracting 500 million won, and there was no particular fund, organization, or professional manpower for attracting foreign capital, and there was no intent or ability to repay the borrowed money to the victims.
The Defendants conspired to induce the victim as above and received three copies (I to J) of the check in front of the victim’s own right of KRW 10 million from the victim on the same day.
As a result, the Defendants conspired to acquire 30 million won from the injured party.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each statement made to the Defendants in each protocol concerning the interrogation of suspects by the prosecution
1. Each statement made to H and K in the police statement 1.