Text
Defendant
A Imprisonment for one year and each of the defendants B shall be punished by imprisonment for eight months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From September 2009, Defendants operated the I head of H in Gwangju Mine-gu. He operated the I head of the Dong.
1. On October 20, 2009, Defendant A’s fraud by phone call to the victimJ on or around October 2009, and “The payment for the end of I store is smuggling,” and if Defendant A lent KRW 15 million to the victimJ, Defendant A will repay it in the middle of the following month.
"A person who believed it" was transferred KRW 15 million to the Agricultural Cooperative (K) account in the name of the defendant from the victim who believed it.
However, the defendant did not have any intent or ability to repay as agreed even if he/she borrowed money from the injured party due to the continued situation where it is difficult for the defendant to pay or pay personnel expenses only with the sales revenue immediately after the opening of the business.
Accordingly, the defendant deceivings the victim, thereby deceiving 15 million won.
2. On November 201, the Defendants were subject to a provisional seizure of the victim’s relationship with “the lack of funds to make payments due to the shortage of funds” at the I store located in Gwangju Mine-gu, Gwangju.
The interest on the loan of KRW 90 million shall be paid at 10 percent per annum on the 15th day of each month, and the principal shall be paid after one year.
I would like to know about the problem that the I store building left in fry, and it was transferred KRW 90 million to the Agricultural Cooperative (M) account in the name of Defendant A around November 25, 201 from the victim who believed that the building was "."
However, the above I Burial continued to be accumulated and used as operating funds by cancelling the payment, insurance, deposits, and installment savings that Defendant A operated separately, and the amount refunded as operating funds. The Bank spent KRW 15 million as the monthly person, and the status of the monthly payment of the employee continued.
In addition, due to the above circumstances, it was difficult to sell the Mat building, and even if the Mat building was sold, there was no intention or ability to repay the Mat building as agreed even if the Mat building borrowed money from the injured party because the Mat building did not remain due to the existing debts, etc.
In this respect.