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Defendant
A Imprisonment for one year and each of the defendants B shall be punished by imprisonment for ten months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Majority Relationship] On April 16, 2015, Defendant A was sentenced to imprisonment with prison labor for fraud at the Gwangju District Court on February 16, 2015; Defendant B was sentenced to imprisonment with prison labor for the same crime in the same court on the same day; and the said judgment became final and conclusive on July 16, 2015, respectively.
[2] Defendant A is the actual operator of “D (the change of trade name on November 30, 2012)” and Defendant B is the person who served as the director in charge of accounting of “D”.
The Defendants began to operate D, from around 2009, from the time when the enemy was accumulated, and began to "refiscing the repayment of money," and when they reached around 201, they did not have any intent or ability to make a normal repayment of money from the victim F, even if they borrowed money from the branch in the amount of KRW 80 million to KRW 1 billion. In around 2012, the Defendants paid approximately KRW 100,000,000 to KRW 20,000,000,000,000 monthly interest, and around KRW 20,000,000,000,000,000 from the branch in the amount of money from the victim F.
Nevertheless, at the ordinary land of January 2012, Defendant B shall pay to the victim two copies of interest for the loan of the business fund to the victim, and the principal shall be paid within two to three months.
“.....”
However, even if the Defendants borrowed money from the injured party, they did not have the intent or ability to repay the principal and interest.
As a result, the Defendants conspired to induce the victim as above and received KRW 5 million from the victim to the Gwangju Bank account (G) in the name of Defendant B on January 19, 2012, and subsequently transferred KRW 495,170,000 in total from May 13, 2013 to May 13, 2013, as shown in the attached Table, from around 108.
Summary of Evidence
1. The Defendants’ respective legal statements
1. The witness F's legal statement 1.