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Defendant
A shall be punished by imprisonment with prison labor for eight months, and by a fine of two million won.
Defendant
B does not pay the above fine.
Reasons
Punishment of the crime
1. Defendant A, a person who operated a construction business company (ju)D and suffered approximately KRW 800 million loss during the construction process of the construction of the construction company at spring 2010, resulting in financial difficulties, and thus, Defendant A was unable to conduct business in the name of the said (ju) D, such as failure to pay taxes or wages, etc. around July 2010, the establishment of the said (ju) E on or around February 2011, but the decline in credit rating led to difficult domestic construction costs. Although Defendant A had made efforts to accept the said road construction project on or around May 2011, Defendant A had contacted with the said Doer, and did not have any consultation with the company that was the main owner of the said road construction project, and it was difficult to accept the said road construction project even if having borrowed money from others during the said period, there was no intention or ability to repay it.
Nevertheless, around July 2010, the Defendant made a false statement that “if the Defendant borrowed 10 million won or more of the business capital, he would pay the principal by paying the interest on every second-year interest to the victim through the Defendant’s upper-party B, which is a mother, at the victim G house of Suwon-gu, Busan, the Defendant received 10 million won or more as the loan money from the victim on the same day, and then acquired 50 million won or more as the loan money from July to May 12, 201, and then acquired 7 to August 12, 201 as the sum of 50 million won by taking it as the loan money from time to time.
2. Defendant B, around 2012, did not have any property or income in addition to apartment units worth KRW 135 million at the market price of the Defendant’s possession, and there was no special property value as to the above apartment units, and there was no special property value as the right to collateral security of KRW 130 million was established with respect to the above apartment units, and there was a total of approximately KRW 70 million on the other hand, i.e., she did not have any intent or ability to repay the amount even after borrowing it from other persons.
Nevertheless, there is a need to do so.