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Defendants shall be punished by imprisonment for ten months.
Reasons
Punishment of the crime
Defendant
B is the real representative of G Co., Ltd., and the defendant A is the director of the above company.
In June 201, the Defendants are running a restaurant franchise business with the victim H from the head office of the Songpa-gu Seoul Franman's office where the trade name in the Songpa-gu Seoul Franman is unknown.
If the construction of the meat processing factory at the time of strike, it would be possible to obtain a large amount of profit, and thus, it would be possible to lend 200 million won.
“.....”
However, it was practically impossible for the above company to carry out its business such as the construction of meat processing plant due to the shortage of funds, and it is reasonable to pay interest on the wind of financing funds for the bonds of the company. The interest on the business funds lent to Defendant A and its ancillary I. The interest was not recovered for several months. The Defendants did not have any intention or ability to pay the above funds together with the interest for three months even if they borrowed the above funds from the damaged employees.
Nevertheless, the Defendants conspired to make a false statement as if the business prospects of the said company were good, and subsequently, received a total of KRW 200 million from the injured party, including KRW 10 million on June 27, 201, KRW 150 million on June 30, 201, KRW 150 million on June 30, 201, and KRW 40 million on July 5, 201.
Summary of Evidence
1. Defendant A’s legal statement (the second public trial date);
1. Each legal statement of the witness H, J, K, and I;
1. Each prosecutor examination protocol against the Defendants (including the H substitute part)
1. A protocol concerning the examination of each police suspect to K and J;
1. Statement made by the police with H;
1. Copies, etc. of promissory notes (Serial 6 of the evidence list);
1. A copy of the passbook and a certificate of process (a list of evidence Nos. 22,23);
1. Investigation Report (Submission of Detailed Statement of Transactions with the Suspect L/C) (Evidence List No. 11) applies to the Act.