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Defendant
A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.
However, for two years from the date of the final decision.
Reasons
Punishment of the crime
[2013 Highest 256] The Defendants committed the crime of fraud knew that when capital companies lend a heavy machine as collateral, etc., they did not confirm the real objects of the relevant heavy machine. As such, the Defendants conspired to receive money from the victims for the purpose of loans by providing them as collateral to the victims, as if they were to have completed a normal operation of a f-owned G digging machine (hereinafter referred to as the “instant digging machine”) which is kept in the E-vehicle located in the Jeonsung-gun-gun, Jeonsung-gun, and thus it is impossible for them to normally operate the f-owned mining machine (hereinafter referred to as the “instant digging machine”).
On September 29, 2011, the Defendants stated that “In the first office operated by Defendant B in Gwangju Mine-gu, the Defendants loaned the name of the Defendant K, which is a partnership company of the victim, as one of the employees of the Dad Forest, and applied for the loan to the J of the Defendant K, which is a type of the non-employee relationship of the victim, the Defendant would have borrowed KRW 80,000,000,000,000,000,000,000,000 won, which is to be provided as security for the instant c
However, in fact, the excavation machines of this case are not able to operate normally due to the fire, and the actual value was approximately KRW 9 million.
The Defendant and A received 79,965,000 won from the victim via the National Bank Account (Account Number: 483501-04-04891) in the name of the Defendant B through the National Bank Account (Account Number: L) in the name of the Defendant B on September 30, 201.
As a result, the Defendants conspired, by deceiving the victim as above, received KRW 79,965,00 from the victim and acquired it by fraud.
[2014Kadan83] Defendant A’s breach of trust: around March 29, 2012, Defendant A borrowed KRW 26,00,000 from the victim 2nd Capitals Co., Ltd. and borrowed KRW 26,00,00 for purchase funds from the victim 2nd Capitals in the “N” office located in Gwangju Mine-gu Gwangju Mine-gu, and then, Defendant A as a mortgagee at that time.