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Defendants shall be punished by imprisonment for one year and four months.
However, with respect to Defendant A, the period of two years from the date when the above judgment became final and conclusive.
Reasons
Punishment of the crime
From October 15, 2015, the Defendants operated Mat in the trade name of “F” from around October 15, 2015, and operated Mat from around November 10, 2015 to H with the trade name of “H” in Kimhae-si. From around November 10, 2015, the Defendants closed all the F and H around December 15, 2015.
1. The Defendants were making an investment of approximately KRW 300 million in a short term and started two Mart operations as above. However, the amount equivalent to KRW 180 million in the deposit, etc. of the deposit for the lease on a deposit basis, and the amount of KRW 150 million in the interior cost was paid in the state of shortage of funds from the beginning of the Mart operation. around that time, Defendant A was liable to pay KRW 136 million in the amount of money and KRW 230 million in the amount of money, and Defendant B was liable to pay KRW 230 million in the early stage of the Mart operation, and as such, there was no intention or ability to pay the amount upon receiving the goods from the victims, who are suppliers, even if they were supplied the goods.
Nevertheless, the Defendants conspired to the effect that, on October 14, 2015 through November 11, 2015, the 222 victims, a supplier, are “to pay the price after the month they delivered goods to marina,” respectively. Accordingly, the Defendants were issued from October 14, 2015 to December 12, 2015 goods equivalent to KRW 172,756,675 in total, as shown in attached Table 1.
2. On October 15, 2015, the Defendants in breach of trust entered into a contract with the victim to transfer all rights and obligations concerning the I Project and transferred the same amount of KRW 480 million out of the acquisition price equivalent to KRW 4880,000,00,000 to the victim as collateral in order to secure payment of KRW 1488,000,000 out of the acquisition price of KRW 4880,000,000, the Defendants were obligated to manage and keep the said collateral in good faith so that the victims of the transferred security interest can achieve the purpose of the collateral.