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[Defendant A] The defendant A shall be punished by imprisonment for ten months.
[Defendant B] Defendant B shall be punished by imprisonment for four months.
(b).
Reasons
Criminal facts
1. Around October 2013, Defendant A made a false statement to the effect that “a director must pay a security deposit to the director. It is necessary to pay a security deposit at the end of the year. It shall pay a security deposit.”
However, even if the defendant received money from the victim, he was planned to use money for other purposes, such as living expenses, rather than as a security deposit, and there was no amount of debt and fixed income, and there was no plan to withdraw money. Therefore, even if he borrowed money from the victim, he did not have the intention or ability to repay it.
Ultimately, the Defendant received a total of KRW 79,050,000 from October 15, 2013 to June 13, 2014, a total of 27 times, as shown in the crime inundation (1) as shown in the attached Table from around October 15, 2013 to around June 13, 2014.
2. Around November 2012, Defendant B agreed with the victim to pay KRW 1 million to the victim a monthly amount of KRW 1 million in the sequence in which the Defendant was a leading shareholder. When the sequences exist, Defendant B agreed with the victim to pay KRW 10 million to the victim.
From November 2012 to August 2013, 2013, the Defendant received KRW 10 million in total from the victim every ten times a month from the victim. As such, the Defendant had a duty to pay KRW 10 million to the victim, which is the cause of the fraternity designated to receive the fraternity money.
Nevertheless, the Defendant violated his duties and did not pay 10 million won to the victim, and at around that time, delivered at will to A who is the mother of the Defendant, and consumed the Defendant’s living expenses, etc., thereby obtaining pecuniary benefits equivalent to KRW 10 million, and suffered damage equivalent to the same amount to the victim.
Summary of Evidence
[Defendant A]
1. Defendant A’s legal statement
1. Legal statement of witness D;
1. Statement of witness by the prosecution against D - One time a door-to-door answer;
1. Each investigation report, the confirmation of the amount of damage by each suspect, the report attached to the list of the estimated amount of repayment of individual rehabilitation claims A of the suspect, and the revision to the list of crimes.