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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A is a person who actually operated company G established for the purpose of advertising agency business, etc., and Defendant B has been in charge of advertising business of the above company while holding the position of the president of the above company.
1. Whether the Defendants’ joint crime Defendant B may lend 50 million won to the victims I at the office of the said company located in Geumcheon-gu Seoul Metropolitan Government H around July 2015, in the event of the victim I;
Manbly, it is possible to repay within three months, and it is false to say that there is no interest to help the Korean company sell the new shares in the company as a person who is well aware of the politics and the president of the construction company, and the representative of the KOSDAQ-listed company. The defendant A made a false statement that "I would like to know about the fact that the words B are different, and I would like to lend money in trust."
However, at the time, the above company did not pay the amount of taxes in arrears at KRW 28 million and did not pay the amount of wages to employees. Unlike others, the company did not have any special property owned by the Defendants, but its realization was very inappropriate due to the financial condition of the company. In addition, the company, which implemented the J, expected to receive advance payment from the executor while driving an advertising agency contract with K LLC, and the above advance payment can be received after the company received the advance payment from the bank, but the company can receive it after receiving the advance payment from the executor, and at the time the above project was not designated as a contractor, so it was very unclear whether to receive advance payment was received.
Therefore, even if the Defendants borrowed money from the damaged party, they did not have the intent or ability to repay according to the agreement.
Nevertheless, the Defendants, as such, deceiving the victim and deceiving the victim, to the new bank account under the name of the said company from the victim, KRW 10 million on August 13, 2015, KRW 10 million on August 14, 2015, KRW 10 million on August 14, 2015, and KRW 20 million on May 2015.