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Defendant
A Imprisonment with prison labor for 6 months and 6 months for the crimes set forth in Section 2(b) of the holding.
Reasons
Punishment of the crime
[Criminal Power-Defendant A] On November 27, 2007, Defendant A was sentenced to a suspended sentence of two years for one year of imprisonment for fraud at the Daegu District Court, which became final and conclusive on February 12, 2009, and on January 20, 2009, Defendant A was sentenced to a suspended sentence of two years of imprisonment for embezzlement at the Seoul Central District Court on August 20, 2009, and the said judgment became final and conclusive on September 17, 2009.
【Criminal Facts】
1. [Defendant A]
A. On November 2008, the Defendant stated to the effect that, at the first floor coffee shop of the building in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant would be able to give a large amount of profit if he invests in the construction project of the apartment of the regional housing association in the first floor and in the first platform of the building in Yeongdeungpo-gu Seoul Metropolitan Government (Seoul Mapo-gu) to the victim H.
However, in fact, even if the victim receives investment money from the victim, it was thought to be used individually by using it for the business of the J, but there was no intention or ability to pay the proceeds promised to the victim by implementing the project as above.
Nevertheless, the Defendant, as above, by deceiving the victim, received 50 million won from the victim under the pretext of investment, and acquired it by fraud.
B. Around January 6, 2009, the Defendant stated to the effect that “the Defendant would repay the victim H with money urgently required and 20 million won if he/she lent 20 million won.”
However, the above facts did not properly proceed with the business and did not have any particular property, and did not have any intent or ability to repay money from the victim even if it borrowed money from the J.
Nevertheless, the defendant deceivings the victim as above, and thereby, 10 million won on the same day from the victim, and the same year.
1. Around 19.1, around 19.1, a total of KRW 20 million was remitted and defrauded.
2. [The Defendants] Defendant B is the management director of M Co., Ltd., and Defendant A is the said corporation.