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Defendant
A Imprisonment with prison labor for eight months and for six months, respectively.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 29, 2013, the Defendants met the Victim G at the F coffee shop located in Jongno-gu Seoul, Jongno-gu, Seoul. Defendant A was the head of the Korea Branch of H Co., Ltd. in the Republic of Korea in the Republic of Korea in the Republic of Korea, and the representative director of the I Co., Ltd., the Defendants invested the victim in the sum of KRW 11 billion, including the United Nations on March 15, 2014, the sum of KRW 3 billion on March 17, 2014, the sum of KRW 5 billion on May 15, 2014, and KRW 3 billion on May 15, 2014.
In the event of its investment, it refers to the lending of part of the investment to thener. Defendant B said that “The cost of attracting investment is required to do so, and the lending is required.”
However, in fact, even if the Defendants did not agree to attract the above large amount of investment from the Japanese-based investors, they did not have any intent or ability to repay the money, and there was no intention or ability to pay the money to the victims after attracting the investment funds.
Nevertheless, on December 4, 2013, the Defendants received KRW 30 million from the damaged party’s office located in Defendant B’s third floor of J building in Jung-gu, Seoul on December 4, 2013, KRW 500,000,000 from the post office account (K) in Defendant B’s name on December 30, 2013, KRW 50,000,000 from the Defendant’s agricultural bank account in the name of Defendant A (L) on January 22, 2014, KRW 1 million from the Defendant’s above account on February 13, 2014, and KRW 41,50,000,000 from March 24, 2014.
As a result, the Defendants conspired to deceive the victim and take the property from the victim.
Summary of Evidence
1. Partial statements of Defendant A and the legal statements of Defendant B
1. Legal statement of witness G;
1. Statement of the police statement related to G;
1. Application of Acts and subordinate statutes notifying the entry into, and withdrawal from, the IBK Enterprise Bank, and financial transaction status;
1. Relevant Articles 347(1) and 347(1)30 of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts
1. Suspension of execution;