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[Defendant A] The defendant A shall be punished by imprisonment with prison labor for one year and four months.
However, the above sentence shall be executed for two years from the date of the final judgment.
Reasons
Punishment of the crime
The Defendants are joint operators of the dredging Construction Business Co., Ltd. (hereinafter referred to as “C”) located in Yeongdeungpo-gu Seoul Metropolitan Government, and the victims D are the operators of the Construction Business Co., Ltd. in Yeongdeungpo-gu, Seoul Metropolitan Government.
After the establishment of the above C, as the economic situation has deteriorated, such as failing to pay the money borrowed as business funds from the neighbors, the Defendants conspired to acquire the money from the victims introduced through F as investment funds.
Defendant
A around December 7, 2012, at the mutual infinite coffee shop located in the military-si transportation Dong in the military-si, for the victim to receive a subcontract for the dredging of G. At the beginning of the construction, if the victim makes an investment of KRW 300 million to the expenses incurred in the commencement of the construction, he/she makes a false statement to the purport that he/she will pay the investment principal and 30% of the investment principal and 30% of the investment principal within one month. Defendant B made a false statement to the purport that he/she is true that he/she is the victim, and Defendant B made a false statement to the effect that he/she is the victim, and Defendant B and the Dispute Resolution Co., Ltd made and issued the dredging construction contract with the content that he/she operates the said dredging construction project.
However, at the time of fact, the Defendants planned to use most of the funds invested by the victims for the purpose of using them as living expenses of the Defendants and personal debt repayment, etc. Defendant A had a bad credit standing of 30 million won, such as personal debt worth of 330 million won, and Defendant A had no intention or ability to return the investment principal to the victims in the future or to pay 30 percent profits.
Nevertheless, the defendants deceiving the victim as above and are the same day as the victim.