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[Defendant A] The defendant shall be punished by imprisonment for a period of three years and six months.
[Defendant B] The defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
1. Around March 9, 2009, Defendant A received the same education in Ulsan-C, and the victim D who became aware of the same education, stated that “the purchase of real estate is necessary. The Defendant immediately sold the real estate purchased, would pay 1% of the interest, and would pay 10 million won per month.”
However, in fact, the Defendant was thought to use money to repay personal debt, and there was no intention or ability to repay the interest amounting to KRW 60,000,000 without any specific income at the time, and there was no intention or ability to pay the interest amounting to KRW 10 million per month.
The Defendant, as seen above, received a remittance of KRW 10 million on the same day by deceiving the victim, from around June 5, 2015, and acquired a total of KRW 493,300,000 from that time to June 5, 2015, by obtaining a total of KRW 72 times, such as the list of crimes (1).
2. Defendant B stated, “A shall lend money from D” on June 19, 2014, at the request of Defendant B, that “A shall lend money from D, i.e., money that he/she shall have received from him/her to him/her,” and “A shall not lend money that he/she may receive from him/her to him/her,” and the victim by telephone, “I shall be the mother of A, who is the mother of A, and may receive from him/her a hospital building the release of provisional seizure, and thus I shall be able to repay money with a loan that he/she shall receive from him/her to him/her.”
However, the defendant was not the mother of A nor the hospital building, etc., and there was no intention or ability to repay on behalf of A.
In collusion with A, the Defendant received a total of KRW 10 million from around August 26, 2014, including the receipt of KRW 10 million by A as above, from August 26, 2014, the Defendant received KRW 32 million in total five times, as shown in the attached list of crimes (=the total of KRW 32 million in the number of 66 or 70 of the crime list (i).