Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

However, this judgment is delivered against Defendant B.

Punishment of the crime

『2019고단1538』(피고인 A) 피고인은 2018. 7. 3.경 불상지에서 평소 알고 지내던 피해자 C(남, 57세)에게 전화하여 “고래고기를 사서 되팔면 큰 수익을 낼 수 있다, 고래고기를 살 돈이 모자라니 그 돈을 빌려주면 이익금의 절반을 주겠다. 빌린 돈은 2018. 7. 10.경까지 갚아주겠다.”라고 말하고, 2018. 7. 5.경 또다시 피해자에게 전화하여 “자동차를 담보로 대출을 해주는 사업을 하고 있다, 아는 선배의 차량을 담보로 잡고 대출을 해줘야 하는데 돈이 없으니 1,500만 원을 빌려주면 2018. 7. 10.경까지 갚아 주겠다, 또한 지난번에 샀던 고래고기 가격이 올라서 추가로 750만 원이 필요하니 750만 원을 더 빌려주면 2018. 7. 14.경까지 갚아주겠다.”라고 거짓말을 하였다.

However, at the time, the Defendant did not think that the Defendant would engage in the business of making profits by selling the advanced machines, and even if having borrowed money from the victim, it was thought that the said money was used as a bond play against the customers, or as the money for the gambling of the Defendant, and thus, there was no intention or ability to repay the borrowed money to the victim as agreed upon by the victim.

Nevertheless, the Defendant, by deceiving the victim as above, obtained 20 million won around July 3, 2018 and 22.5 million won around the 6th day of the same month from the victim, respectively, for the purpose of borrowing money from the victim, and acquired 42.5 million won in total.

The Defendants of the 2019 Highest 2495 are annually related to the Defendants, and the mother of the Defendant B is a person who actually operated the ASEAN A8 car registered in the name of Defendant D.

Defendant

A around August 25, 2018, the passenger car was offered as security by borrowing KRW 9 million from the victim F from the victim F. After Defendant B, the passenger car was returned to the victim on the ground that the passenger car was in its mother’s name.