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Defendant
A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.
, however, the defendant from the date of this judgment.
Reasons
Punishment of the crime
1. The Defendants’ co-principal intented to acquire money by deceiving the victim E, who had been in the teaching system with Defendant A, to give a double of the borrowed money.
Accordingly, around December 2012, Defendant A made a false statement to the effect that “I will pay 100 million won, which is two times the amount loaned by the bank, if I borrowed 50 million won to the victim as a down payment in order to purchase an officetel B,” at the “G main store” store located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, the Defendant B made a false statement to the effect that “I will pay 100 million won, which is the two times the amount of money borrowed from the bank.” Defendant B became final and conclusive on the side to obtain a bank loan of an officetel, and all the funds necessary for the purchase of an officetel are provided.”
However, in fact, since October 26, 2010, Defendant B did not have any property status to the extent of being registered as bad credit holders, and at the time it was possible to lend a bank at the time, and there was no provision about 110 million won of the remaining funds necessary for the purchase of officetels, and there was no other property or income that was otherwise different from the real estate transaction in this case.
Defendant
A is well aware of the above circumstances of Defendant B, and even if the Defendants borrowed money from the victim, the Defendants did not have the intent or ability to pay 100 million won, the total amount of the borrowed money, as the promise.
The Defendants had the victim remit the amount of KRW 50 million in total, including KRW 40 million on February 8, 2013 and KRW 10 million on February 9, 2013, to the account under the H’s name as the down payment.
As a result, the Defendants conspired to obtain property benefits by deceiving the victim and received property.
2. Even if Defendant B borrowed money from the victim as stated in paragraph (1) of this Article, Defendant B’s sole principal offender is 100 million won, as the promise.