Text
Defendants shall be punished by imprisonment for four months.
However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.
Reasons
Punishment of the crime
On November 30, 2012, the Defendants stated that “The Defendants would open an insurance agency repeatedly, and if they lent KRW 30 million to the victim F, they would make an investment to KRW 1% of operating expenses with the profits and allowances of KRW 600,000 per month. The above KRW 30,000,000 shall be the money returned to the insurance agency’s deposit.”
However, even if the Defendants borrowed money from the victim, they thought that they would be used as personal debt or living expenses. Defendant A did not have any particular income at the time, and the financial institution’s debt was 2.9 million won. Defendant B did not have any particular income at the time, and Defendant B did not have any intent or ability to repay the debt of the financial institution to the extent of KRW 10 million,000,000,000,000,000,000,000 won.
Nevertheless, the Defendants received 1.3 million won in total from around that time to February 22, 2013, as indicated in the separate crime list, from around the time when the Defendants were transferred from the victim to the Defendant Nonghyup Bank account on the same day, and received 78.5 million won in total from around February 22, 2013.
As a result, the Defendants conspired to attract the victim to receive property from the victim.
Summary of Evidence
1. Defendants’ respective legal statements
1. Legal statement of F;
1. F statement in the interrogation protocol of Defendant A by the prosecution;
1. Investment agreements, deposits without passbooks, and a certified copy of each certified copy of the register;
1. The defendant A and the defense counsel asserted that they borrowed the victim's living expenses and business activities funds, and did not borrow money under the name of an insurance agency as stated in the facts constituting a crime. However, according to each of the above evidence, such as the victim's consistent statement and investment agreement, the passbook receipt, each certified copy of the register of accounts without passbook, and the statement of the freely saving transaction.