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Defendant
A Imprisonment with prison labor for two years and for one year and six months, respectively.
, however, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2019 Highest 99"
1. The Defendants’ co-principal
A. On June 12, 2018, the Defendants made a false statement to the victim C that “If the Defendants entered into a monthly rent contract equivalent to KRW 10 million with the deposit on GG loan located in the Seoul Gangseo-gu Seoul Metropolitan Government F and one parcel of land, they would pay 2% interest per month and pay the said amount within four months if the Defendants lent the right to collateral security equivalent to KRW 130 million with the maximum debt amount in H H’s name, which is set up on the loan, to transfer the right to collateral security equivalent to KRW 130 million with the maximum debt amount in the said loan.”
However, at the time, the Defendants did not have any particular property owned by them, and the above lending, where the right to collateral security (hereinafter “I real estate”) was established on the basis of the victim’s lending of money from the victim as collateral, is not a monthly rent contract equivalent to KRW 10 million, but a deposit of KRW 135 million, not a monthly rent contract. The Defendants did not have any particular collateral value, and even if they received money from the victim, they did not have any intent or ability to repay the said money within the agreed period.
In the end, the Defendants conspired to deception the victim as above and acquired 71,200,000 won from the victim to the J account under the name of Defendant A as the borrowed money on the same day.
B. On July 17, 2018, the Defendants concluded a monthly rent contract equivalent to KRW 10 million with the victim K at the above certified judicial scrivener office, stating that “The Defendants would set up a right to collateral security equivalent to KRW 130 million with the maximum debt amount in the name of the victim on the loan, if they lend KRW 100 million to the victim, and would pay interest at 2% per month to the victim and pay the above amount within four months.”
However, the Defendants were at the time.