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Defendant
A Imprisonment with prison labor for one year, for eight months, and for ten months, for each of the defendants C.
(2).
Reasons
Punishment of the crime
1. On September 2008, Defendant A and B expressed that “A is one of the co-owners of “H” restaurant operated by the victim F of the victim F in Seo-gu Daejeon, Seo-gu, Daejeon, and if the approval of the completion of an application for changing the form and quality of the land on the public viewing to purchase the remainder of shares and develop the land falls short of the approval, the land equivalent to KRW 100,000 per square meter is equal to or more than KRW 100,000,000 per square meter. The Defendants also put the documents into the viewing and kept the money off. If the Defendant borrowed KRW 100,000,000,000,000 won for the purchase of land, it would be immediately after the change in the form and quality of the land would be refunded to KRW 20,000,000.”
However, Defendant A was not a co-owner of the land or a person applying for change of the form and quality of the land, and there was no clear way to prepare funds to purchase the land. Defendants, who were de facto marital relations, thought to use the borrowed money from the victim as a debt repayment, living expenses, and other land development project expenses. Defendant A had a debt equivalent to 60 million won in arrears, 60 million won in public subscription, and 100 million won in public subscription, and continued to be bad credit since 2004. Defendants did not have any intent or ability to repay the borrowed money as agreed upon even if they borrowed money from the victim because they had no specific income or property.
In collusion, the Defendants: (a) by deceiving the victim as above; and (b) obtained a cashier’s check of KRW 20 million from the victim on October 13, 2008 on a loan basis; and (c) obtained a total of KRW 80 million from the victim on October 20, 200, and obtained a total of KRW 100 million from the victim.
2. The Defendant A and C’s fraud against the Victim JJ was the owner of each 5/8 share of K forest 2,250,272 square meters, L forest 49,587 square meters, M forest 6,250 square meters, and 5/8 shares of M forest 6,250 square meters. However, the sale of the said share of 3/8 shares due to the voluntary auction conducted on February 23, 2009.