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1. The defendant A shall be punished by imprisonment with prison labor for four years and imprisonment with prison labor for eight months;
2. The applicant for compensation, and the defendant A.
Reasons
Punishment of the crime
[Criminal Power] On September 14, 2018, Defendant B was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud at the Ulsan District Court on September 14, 2018, and the said judgment became final and conclusive on the 22th of the same month.
【Criminal Facts】
1. Around December 14, 2017, the Defendants’ co-principaled the Defendants’ false statement that “A was employed in a financial right and can enter the Plaintiff’s residence in the Seo-gu Daejeon, Seo-gu, Daejeon, and the victim’s residence, and that “A would be repaid after one week if it was lent KRW 40 million.”
However, there was no fact that Defendant A was employed in the financial right, and there was no intention or ability to repay the borrowed money even if it was borrowed with no particular income or property.
The Defendants, by deceiving the victim, had the victim file an application for FB loan, and then transferred KRW 50 million from G account in the name of the victim to H bank account in the name of the Defendant at around 11:58 on December 15, 2017.
As a result, the Defendants conspired to attract the victim to receive the goods.
2. The sole crime committed by Defendant A;
A. On December 18, 2017, the criminal defendant against the victim C made a false statement to the victim in Seo-gu Daejeon, Seo-gu, Daejeon, and the victim C’s residence “I am able to use without delay and immediately repay money, and I am able to lend money.”
However, in fact, Defendant A was expected to use the borrowed money to gambling online, and even if it was borrowed with no particular revenue or property, there was no intention or ability to repay the borrowed money.
As such, the Defendant, by deceiving the victim, had the victim apply for credit loans at the Seo-gu Daejeon Daejeon Daejeon Daejeon Daejeon District Court. On December 18, 2017, at around 17:43, the Defendant received transfer of KRW 29 million from the G account under the name of the victim to the H bank account (I) account under the name of the Defendant and received KRW 29 million from the G account under the name of the victim.