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Defendants shall be punished by imprisonment for one year.
However, with respect to Defendant B, the period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Defendant
A, on November 8, 2013, when operating H, which is an intermediary office in front of the Suwon City, obtained a loan of KRW 250 million from the victim I Co., Ltd. for the purpose of company operation funds, and repaid part of the loan, but was not repaid KRW 150 million around March 2015.
Defendant
B is an investor who has invested in H operated by Defendant A and an employee of H.
Defendant
B around March 2015, in order to recover its investments to H, Defendant A received additional loans from the victimized Company and repeatedly stated that part of the loans should be used for the repayment of its own investment. Defendant A responded to the above theory of view by Defendant B, even if the victimized Company borrowed KRW 250 million from the victimized Company on or around March 11, 2015, the Defendants conspired to use KRW 130 million from the victimized Company’s employees as the return of the invested amount, and then, Defendant B received KRW 130 million from the victimized Company’s employees as the return of the invested amount.
Accordingly, on March 12, 2015, Defendant A loaned KRW 250 million to K, the vice head of the damaged company located in Suwon-siJ on the part of the main office of the damaged company located in Suwon-si, Suwon-si, with the capital of KRW 250,000,000,000 from the capital of the present H company, the capital of KRW 150,000,000,000 from the capital of the present H company will be used as the capital of the company.
“The phrase “ was false.”
However, the Defendants did not intend to return KRW 150 million to the victimized company and intended to use it for other debt repayment.
As such, the Defendants conspired to induce K of the victimized company's employees, thereby deceiving the victimized company by receiving KRW 250 million from the victimized company to the Defendant A's account on March 17, 2015.