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Defendant
A shall be punished by imprisonment for four months, by a fine of 1,00,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
Defendant
A on October 23, 2007, after being sentenced to one year and two months of imprisonment for fraud, etc. at the Ulsan District Court, A was released on September 30, 2008 during the execution of the sentence in the racing prison on September 30, 2008, and the parole period passed on November 16, 2008.
1. The Defendants’ co-principal Defendant A, who had no longer been able to borrow money from the victim E because he had already been able to repay money to the victim E, and Defendant B, by offering the victim’s body car owned by the female as security, borrowed KRW 7 million from the victim by offering the victim’s body car as security. Defendant B consented thereto.
On March 31, 2011, the Defendants discussed that “B will lend the victim KRW 7 million to offer B’s vehicle as security” to the victim at the victim’s house located in Ulsan-gu F, Ulsan-gu.
However, at the time, Defendant B had already lent KRW 15 million to G, who is the husband of Defendant A, and had already offered the above vehicle as security, so it was difficult to actually provide the above vehicle as security, and there was no intention or ability to repay the borrowed money in time because there was no specific property.
Nevertheless, the Defendants conspired to induce the victim, and thus, they received 6 million won from the victim to the account in the name of Defendant B, first of all as the borrowed money.
B. Then, on April 6, 2011, Defendant B stated that “B would sell the land to the victim even if it was leased KRW 1 million as security, even before it was leased to the victim, it would have paid off the total amount of KRW 7 million up to KRW 6 million up to April 20, 201.”
However, as seen in the above paragraph (a), it was difficult for Defendant B to provide the above vehicle as a security, and Defendant B did not own the real estate at all times, and there was no intention or ability to pay the borrowed money in time because there was no specific property.
Nevertheless, the Defendants conspired with the victim.