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Defendant
A A shall be punished by a fine of three million won, by imprisonment with prison labor for one year for each of the defendants B.
Defendant
A does not pay the above fine.
Reasons
Punishment of the crime
Defendant
B is the owner of land and building C and operates “D” in part of the above building on December 20, 2014, and Defendant A entered into a two-year lease agreement with Defendant B on December 20, 2014 with respect to part of the above building, and paid KRW 150 million deposit for the lease to Defendant B on December 23, 2014, and operated “E frequency” in part of the above building.
1. On February 25, 2015, Defendant B, within the two weeks, lent KRW 100 million to the victim F within the “D” located in the two weeks, Defendant B made a false statement that “A would create a collateral security right on the land and building in its possession because it is operated without a lease deposit,” and Defendant B received a “free dwelling note” from A to the effect that “A shall reside in the said building without compensation,” and delivered it to the victim on February 26, 2015.
However, as above, the Defendant had leased the above building upon receiving KRW 150 million from A. In addition, the Defendant did not have any intent or ability to repay the amount of money from the victim, on the ground that it was economically difficult for the Defendant to set up a collateral security right equivalent to KRW 312 million with respect to the above land and building, such as a loan equivalent to KRW 2.4 billion to the G Bank, a loan equivalent to KRW 2.4 million to the H Bank, a loan equivalent to KRW 7 million to the I Association, a loan to the liquor company, a loan equivalent to KRW 16 million to the liquor company, and a loan equivalent to KRW 2.42 million to the liquor company, and there was a need to pay interest equivalent to KRW 18 million per month. As such, the Defendant had no intention or ability to borrow the money from the victim.
On February 26, 2015, the Defendant, by deceiving the victim, received KRW 100 million from the victim, under the name of the JJ account (Account Number K).