beta
Text
Defendant
A Imprisonment of 4 years and fine of 20 million won, Defendant B's imprisonment of 1 year, Defendant C and D respectively. 5 million won.
Reasons
Punishment of the crime
The Defendant is a dentist operating the Seocho-gu Seoul Metropolitan Government Ma and the O dental clinic (hereinafter “instant clinic”) located under the Seocho-gu Seoul Metropolitan Government Ma and Q, and is a inside director of F Co., Ltd. (hereinafter “instant company”) established for the purpose of producing medical devices in P and Q.
1. On June 1, 2015, the Defendant, at the instant company office on June 1, 2015, concluded that “If the Defendant borrowed KRW 20 million as it is necessary to settle the tax in arrears, which is a failure to pay due to the security of the U’s guarantee, from among the employees of the Plaintiff Co., Ltd., TR Co., Ltd., at the interest rate of 30% per annum, he/she obtained a loan until the police officer on June 30, 2015, and repaid the principal amount, and even if the loan is delayed, he/she would repay the loan with the sales amount of the instant member until June 30, 2016, the Defendant would transfer the obligation to refund the deposit amount of KRW 100 million to the instant member’s security.”
However, the Defendant had extremely bad financial standing due to the failure of the instant company’s “a total amount of money” production. The obligation to refund KRW 100,000,000 to the instant member’s lease deposit was already transferred to Co., Ltd. as collateral before August 8, 2014 and completed the notification thereof to the lessor. Even if U’s guarantee was granted a loan as collateral or the sales amount of the instant member was incurred, the Defendant did not have any intent or ability to fully repay the deposit even if he borrowed money from the damaged person, since it was required to use it as the repayment of the existing obligation or the instant company and the instant member’s operating funds, etc.
Nevertheless, the Defendant, by deceiving the victim as such, received KRW 20 million from the victim to the W bank account in the name of the Defendant on the same day under the name of the victim.
2. A defendant by fraud on June 15, 2015: