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Defendants shall be punished by imprisonment for one year.
However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.
Reasons
Punishment of the crime
【Defendant A was sentenced to two years and three months of imprisonment for fraud, etc. at the Jeju District Court on February 19, 2010, and the judgment became final and conclusive on April 29, 2010. Defendant B was sentenced to two years and six years of imprisonment at the Jeju District Court on November 6, 2008 and the judgment became final and conclusive on June 5, 2009. On February 19, 2010, the Jeju District Court sentenced eight months of imprisonment for fraud, etc. at the Jeju District Court on February 27, 2010, and the judgment became final and conclusive on May 24, 2014.
【Criminal Facts】 The Defendants purchased another person’s real estate offered as security at a bank, etc. for a partnership business, on condition that they succeed to their obligations, and engaged in real estate sales business that raises or resells funds by obtaining additional loans as security.
However, from around 2004, Defendant B had already reached an amount equivalent to one billion won as well as had already been in bad credit standing. Defendant A also was unable to succeed to another person’s obligations or obtain additional loans due to the failure to repay the loan to the bank, and thus, there was no intention or ability to purchase another person’s real estate by means of debt succession, and there was no intention or ability to repay the loan to another person even after borrowing the loan from another person.
1. On July 20, 2007, the Defendants conspired to the effect on July 20, 2007, that “If the victims purchased land of 836 square meters in Jeju-si H, the victims can purchase it by combining it with the franchises later, and then sell it to the victims in G restaurant operated by the victim E in Jeju-si.”
However, the defendants did not have the intent or ability to purchase the above real estate in the name of the victim.
The Defendants, as above, deceiving the victim and deceiving him from the victim on July 30, 2007, are above the victim at the above G restaurant.