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Defendant
A A shall be punished by a fine of 1,500,000 won and by imprisonment of 1 year and 8 months, respectively.
Defendant
A The above fine shall be imposed.
Reasons
Punishment of the crime
Defendant
B On November 5, 2015, the Seoul Eastern District Court was sentenced to two years of probation for criminal fraud in October, 2015, and the said judgment became final and conclusive on November 13, 2015, and is currently under probation.
1. Defendant B
A. On June 25, 2012, the Defendant against the victim F made a false statement in the “H” located in the Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu, that “If he/she lends money to another person, he/she would lend the money to the other person and receive interest from the other person, he/she would pay the money borrowed from the other person.”
However, while the Defendant did not have any particular property at the time, the Defendant was in a situation where the Defendant borrowed money from the Defendant’s wife and repaid his/her obligation to others, etc., and was thought to have repaid the Defendant’s obligation to others with the money borrowed from the victim, unlike the victim’s use, and did not have any intent or ability to repay the money.
Accordingly, the Defendant, as seen above, received KRW 5 million from the injured party for the same day as the loan money from the injured party, and received KRW 74 million in total from May 20, 2014 to May 20, 2012, as shown in the attached Table 1, as well as from May 20, 2014.
B. On April 21, 2014, the criminal defendant against the victim I told the victim “H” located in the Gwangjin-gu Seoul Special Metropolitan City Seoul Special Metropolitan City, to the effect that “I want to purchase the first file of a private month with the victim,” through the victim I’s appearance, “I want to buy the first file of a private month, I will pay two (2) interest on the part of the victim who borrowed the money, and to repay it after the two (2) month.”
However, while the Defendant did not have any particular property at the time, there was a situation in which the Defendant borrowed money from the Defendant’s wife and repaid the Defendant’s debt to another person who is borne by the Defendant, etc., and the victim is different from the victim’s use.