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Defendants shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On May 9, 2019, Defendant B was sentenced to five years of imprisonment for fraud, etc. at the Busan District Court, and the judgment became final and conclusive on July 25, 2019.
【Criminal Facts】
Defendant A is the representative director of Company C, and Defendant B is the vice president of the company.
From around December 2016, the Defendants conspiredd with the victim E in the office of the Co., Ltd. located in Gangnam-gu Seoul Metropolitan Government on December 2, 2016, the Defendants concluded that “A Co., Ltd. is currently in the process of producing the Otoba, and is currently in the future in the process of manufacturing the Otoba, which is also in the future. To this end, the Defendants shall take over the f-car in France, and before that, they shall take over the G Co., Ltd., which is the electrical device manufacturing company, and if there is a shortage
However, the Defendants did not have any specific property or income, and C did not run normally due to no profits, and even if receiving money from the victims, the Defendants did not have any intent or ability to repay the money to the victims for three months after the fact that it is difficult to accept G.
As such, the Defendants conspired to induce the victim E and transferred 90 million won from the victim E to the national bank account in the name of C Co., Ltd. on December 9, 2016. The Defendants transferred 10 million won from the victim E to the same account on December 19, 2016.
Defendant A is the representative director of the Company I and C, and Defendant B is the vice president of the said Company.
Defendant
A was in charge of raising funds and concluding contracts as the representative director of the above company, and Defendant B was in charge of fund management and fund execution as the vice president of the above company, and jointly operated the above company.
Defendants are victims J, around October 2016, at I and C offices located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and victim J.