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Defendant
A Imprisonment with prison labor for six months and for one year, respectively.
However, as to Defendant A, this shall not apply.
Reasons
Punishment of the crime
[Criminal Power] On June 17, 2011, Defendant A was sentenced to one year of imprisonment for a violation of the Illegal Check Control Act in the Daejeon District Court’s branch office, and the said judgment became final and conclusive on November 25, 201.
【Criminal Facts】
Defendants, as they are married with each other, operate Defendant B Co., Ltd.
As promissory notes and units of shares issued in the name of corporation D were not settled on September 14, 2007, Defendant A was bad credit holders due to the failure to pay the due date, and Defendant A, operating a F Pharmacy in Asan City, in which Defendant B was bad credit holders as above, agreed to provide funds by issuing promissory notes and units of shares in the name of Defendant B and offering them at a discount or offering them as security in the name of Defendant B.
1. On June 7, 2010, the Defendants made a false statement to the victim G, stating that “The due date of the bill issued is required to pay the amount. If the Defendants borrowed money, they will be repaid until August 31, 2010 if they borrowed money.”
However, in fact, the Defendants did not have any intent or ability to complete a loan even if they borrow money from the victims due to the fact that they are paying back the money through the so-called “debrising” type, which prevents the repayment of promissory notes and per unit tickets issued in the name of the Defendant A after discount through the victim, because all real estate owned by the Defendants are provided as collateral with a loan amounting to 1.6 billion won or more at the time, and cannot receive a loan from the financial rights.
The Defendants conspired to induce the victim as such, and then, they acquired 30 million won from the victim to the new bank account in the name of the Defendant A.
2. The Defendants’ house around June 30, 2010, at the time of the Defendants’ house, the victim G, with a face value of KRW 150,000,000 issued by the Defendant’s name, and with a face value of KRW 150,000,000,000,000 and the due date for December 31, 2010, hold the victim with a face value of KRW 10,000.