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Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.
Reasons
Punishment of the crime
Defendant
A, on July 30, 2014, sentenced two years to imprisonment with prison labor for a violation of the National Land Planning and Utilization Act at the Daejeon District Court, which became final and conclusive on April 9, 2015, and Defendant B, on May 9, 2013, was sentenced two years to a suspended sentence of imprisonment with prison labor for a crime of fraud at the Daejeon District Court on May 17, 2013, and the said judgment becomes final and conclusive on May 17, 2013.
Defendants are those who jointly operated the aggregate extraction business chain Co., Ltd. G (former H Co., Ltd.) (former H Co., Ltd.) in Daejeon-gu.
1. On April 201, Defendant A’s crime committed the crime, at the office of the Defendant Company’s firstman on April 201, it concluded to the effect that Defendant I would not pay taxes due to the difficulties in paying taxes due to the financial standing of the Company A, and would receive the sales price of aggregate within 3 months if he paid in lieu of the smuggling’s tax amount of KRW 50 million.
However, since around 2008, the above company was unable to operate its business, and since 2010, the company borrowed operating funds from others to prepare for the debt amounting to 700 million won. In addition, at the time, the defendant did not have any intent or ability to repay the above money even if he borrowed the above money from the victim because he did not have good financial standing.
Around June 30, 2011, the Defendant, by deceiving the victim as such, had the victim pay the above tax amount of KRW 50 million on behalf of the victim, thereby obtaining pecuniary benefits equivalent to the same amount.
2. Around November 8, 2011, the Defendants’ joint-principal Defendants made a false statement to the effect that “If the Defendants extended KRW 100 million with the company’s operating capital, they would sell aggregate, etc., and would pay the said KRW 50 million with the said KRW 100 million in full within one year.”
However, since around 2008, the above company has become difficult to operate its business, and since 2010, it has been hostile by lending the operating fund from others.