[Defendant A] The defendant shall be punished by imprisonment with prison labor for ten months

[Defendant B] Defendant shall be punished by imprisonment with prison labor for a year and six months.

Punishment of the crime

[criminal records] Defendant A was sentenced to three years of imprisonment for fraud at the Busan District Court on July 24, 2019, and the judgment was finalized on February 11, 2020. Defendant B was sentenced to four years of imprisonment for fraud in the same court on the same day, and the judgment became final and conclusive on December 13, 2019.

[2] On January 1, 2017, the Defendants made a false statement to the effect that “D” restaurant located in the Gangseo-gu Busan Metropolitan City, a victim E is running a business, and there is a lot of funds necessary for the payment of sales commission and other business, and there is a lot of money. When 20% of membership recruitment is achieved, the trust company may withdraw money, and if the membership recruitment is delayed, it would refund money borrowed by selling the factory owned by Defendant B.”

However, in fact, the Defendants did not acquire the ownership of the business site under the name of Company G, which was established to promote the regional housing association project, and at the same time, at the same time, the mortgage equivalent to the maximum amount of 11.5 billion won was established on the said site from March 2016 to December 2, 2016, the auction was conducted by the decision of the commencement of the auction, and it was not capable of promoting the project normally due to uncertainty of the acquisition of the ownership of the business site. In addition, it was impossible for the Defendants to set up a mortgage equivalent to approximately KRW 1.7 billion on the building and land in Kimhae-si held by Defendant B, which was already set up a mortgage equivalent to the maximum amount of the claim, and further loans as security was not possible. Since the factory land was already seized from the tax office due to delinquency, there was no intention or ability to repay even if having borrowed money from the damaged person

Nevertheless, the Defendants: (a) deceiving the victim and deceiving the victim on February 16, 2017; and (b) under the name of the Defendant A, K in the name of the I Bank Account (J) in the name of G Co., Ltd. (J) and the name of the Defendant.