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Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.
Reasons
Punishment of the crime
[Criminal Records] On March 21, 2014, Defendant A was sentenced to a suspended sentence of one year of imprisonment for fraud at the Seoul Southern District Court, and the judgment became final and conclusive on the 29th of the same month.
[2] The defendants have access to the elderly victims C (75 years old) who had been aware of before Defendant B, and have borrowed the apartment construction fund to the public interest.
The purpose of this paper is to acquire money through fraud.
The defendants are expected to receive the right of retention of the F apartment unit in the E-S. at the E-S. E-S. on November 30, 2011, and Defendant B is expected to receive the right of retention of the F apartment unit in the E-S. at the E-S. E-S., and Defendant A will pay back when the construction is completed together with the principal calculated by calculating the interest on every three copies of each month if he/she lends money.
A false statement was made, “The lending of money as if the money were to be raised.”
However, the defendants thought that they will use money from the injured party even if they receive money, and the above construction site was suspended on June 2003 due to the default of the construction work and the G et al. exercising the right of retention, and the defendant A did not have the intent or ability to pay interest and principal to the injured party after acquiring the right of retention and resumed the construction and completing the construction after the completion of the construction.
As such, the Defendants, as indicated in the list of crimes in the attached Table, including by deceiving the victim and receiving KRW 25 million in cash from the victim on November 30, 201 on the loan, by deceiving the victim, and by deceiving the victim on a total of KRW 163,40 million from August 24, 201, from that time until August 23, 2013.
Summary of Evidence
1. Defendants’ respective legal statements (Defendant B’s partial statements)
1. Each legal statement of a witness A and H;
1. Statement made by the prosecution and the police with regard to C;
1. A complaint, written contract for sale, written confirmation of details of transactions, etc.;
1. Previous convictions: Criminal history inquiry, investigation report (verification of suspect A’s similar crime judgment and date of final release).