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Defendant
A and B shall be punished by imprisonment for four years, by imprisonment for one year, and by imprisonment for ten months, respectively.
However, Defendant D.
Reasons
Punishment of the crime
Defendant
A is a pastor of "N church" in Sungnam-si, M (hereinafter referred to as "N church") and Defendant B is the believers of the above church, Defendant C, and D.
1. Defendant A and B used the instant church bonds because the finance of the instant church is difficult, and the amount of debt that the instant church must be repaid is accessible to the believers with old judgment power among the believerss of the instant church, so that they may obtain a loan from the credit service provider as security, and they may be used to repay the church funds and debts, Defendant B returned to the center for older persons, etc., and Defendant B borrowed money from the victims by taking advantage of the status of the pastor, and Defendant A was able to obtain a loan from the victims as if they were to have repaid the money on behalf of Defendant B.
However, in fact, the instant church operated by Defendant A purchased the O’s land of KRW 4 billion on January 13, 2009 and newly constructed it. The remainder of KRW 100 million from the down payment and the intermediate payment shall be paid after 4 years from the date of the church’s construction permit, and the remainder of KRW 3.9 billion shall be paid after 4 years from the date of the church’s construction permit, and even if the above church is traded, it is necessary to pay KRW 26.6 billion to theO as interest name for the remainder of each month. In addition, it is difficult to raise money from the previous company or the bond company as interest rate at that time because it is difficult to raise KRW 26.6 million, which is paid as interest rate for the above church, and there was no property or income owned by the Defendants by the victims, and thus there was no intent or ability to repay it even if the Defendants borrowed money from the victims.
Defendant
A and B in collusion on June 30, 201, Defendant B loaned money to the victim P (the age of 76) who is the believers of the above church on June 30, 2011.