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Defendants shall be punished by imprisonment for one year.
However, as to the defendants, two years from the date of this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal record] On June 25, 2014, Defendant A was sentenced to a suspended sentence of three years and eight months in Seoul Western District Court on the grounds of a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Seoul Western District Court, and the said judgment became final and conclusive on January 30, 2015.
[Criminal facts]
1. The Defendants’ joint crime committed in collusion, and around February 2014, the victim E owned a company F (State) in the middle-gu Seoul Metropolitan Government G building.
A loan of 16 billion won was determined to be received from a new bank as security at the same time within two weeks.
In that sense, there was a delay in the amount of 200 million won in interest of the debt borrowed from another savings bank on the security of the above building, and if there is an interest in arrears, it may hinder the execution of a new loan equivalent to the above 16 billion won.
Therefore, the above overdue interest should be paid promptly, and if the interest in arrears is leased KRW 200 million, the above 16 billion loan was received, and the above 16 billion loan was paid in KRW 400 million.
However, the Defendants did not think that they would receive money from the injured party and use it as expenses for raising loans equivalent to the above 16 billion won, but did not think that they would have to use it as expenses. Accordingly, the victims did not have any intent or ability to repay 16 billion won in the month as agreed.
On February 14, 2014, the Defendants: (a) by deceiving the victim; and (b) received KRW 200 million from the victim’s account in the name of Kwab Korea (State) around February 14, 2014.
2. The Defendant’s sole crime of Defendant B, around April 7, 2014, sold the victim E with KRW 2141,160,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000