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1. The defendant A shall be punished by imprisonment with prison labor for not less than two years and six months, and the defendant B shall be punished by imprisonment for not more than one year;
2. Provided, That with respect to the defendant B, the defendant B.
Reasons
Punishment of the crime
[2016 Highest 1596] [Defendant A]
1. At the end of March 2016, the Defendant: (a) sought a loan from the G Office of the Defendant’s management company located in Seocheon-si, Seoul Special Metropolitan City F 401; (b) sought a loan for factory machinery as security; and (c) made a false statement to the victim H that “if you send the appraisal cost, you will appraise the machinery and make a loan up to 80% of the appraised value; and (d) even if the loan is not granted, the appraisal cost would be immediately returned.”
However, even if the defendant received appraisal fees from the injured party, the defendant did not have the intent or ability to borrow the loan according to the promise, and the money paid as the appraisal expense was thought to be used as its own corporate operation fund.
The Defendant, from damage to the Defendant, on April 1, 2016, 1950,000 won around 13:03 on April 1, 2016; and
4. On 26. 16. 16:05 around 2.377,00 won, a total of 4.322,00 won, including the receipt of remittance, was received and acquired by deception.
2. On March 15, 2016, the Defendant sent the victim I who found the factory machinery as collateral at the same place as Paragraph 1 at around March 15, 2016, with an appraisal cost of 4.655,00 won as the Defendant had to conduct a preferential loan.
However, if the loan is not implemented or the request for cancellation is made, it is false that the total amount of the appraisal cost will be refunded.
However, even if the defendant received appraisal fees from the injured party, the defendant did not have the intent or ability to borrow the loan according to the promise, and the money paid as the appraisal expense was thought to be used as its own corporate operation fund.
On March 15, 2016, the Defendant received 4650,000 won from the injured party and acquired it by deception.
3. The Defendant, at the same place as Paragraph 1, around April 8, 2016, sought a loan for factory machinery as collateral, can be loaned until April 30, 2016 to the victim J who found that the Defendant had found the factory machinery as collateral, “it is possible to grant a loan up to 250 million won when the appraisal of the machinery has been 460 million won, and until April 30, 2016 when sending 3.6.5 million won of the fixed appraisal cost.