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Defendant
A Imprisonment with prison labor for one year, and for two years, for Defendant B.
However, for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Defendant
A is the business owner of the “F agency” in Dongdaemun-gu Seoul Metropolitan Government, and Defendant B is the actual operator of the “F agency”.
Defendant B operated the “F agency”, and the annual sales amounting to KRW 500 million, but the annual net profits amount to KRW 50 million, the annual sales amount to KRW 10 million, and even if there was no other property, there was no intent or ability to repay the borrowed money from any other person in excess of the annual net profits. Defendant B did not have any intent or ability to pay the borrowed money in full even if having taken part in any other person’s business and received the extended money, and Defendant A also, despite being aware of these circumstances, conspired to use the borrowed money and the given money received from the victims as operating funds of the “F agency” and acquired money from the victims as follows.
1. On March 1, 2006, Defendant A made a false statement to the victim H’s residence in Dongdaemun-gu Seoul, Dongdaemun-gu, that “If the victim subscribed to the 30-gu 30 - 10 million - 30 - and 10 - to the 2 --- 10 -, it shall be paid in good faith.” Defendant A received the payment amount from the victim in the “I restaurant” located in Dongdaemun-gu Seoul on July 1, 2006, KRW 10 million, and KRW 10 million in the “J” restaurant located in Dongdaemun-gu Seoul on December 1, 2006, Defendant B acquired the said time amount from the victim, and Defendant B acquired KRW 20 million in total from the victim.
2. On December 15, 2006, Defendant A made a false statement to the victim H’s residence located in Dongdaemun-gu Seoul Metropolitan Government on the following grounds: “The Defendant shall faithfully pay the payment of the deposit amount to the victim at the victim’s seat number of KRW 1,3,4,5,7, 10,20,000 for KRW 30,00 for KRW 10,000 for KRW 7,77,10,200,20,21, and 22 for the purchase of the deposit amount to nine accounts.” Defendant A made a false statement to the victim at the “K” restaurant located in Dongdaemun-gu Seoul Metropolitan Government on December 15, 2006 from the victim.