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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
The Defendants are married couple.
1. On December 2016, Defendant A made a false statement to the victim E on the car page of “D” operated by Defendant B located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City on the second floor, and on December 2, 2016, the Defendants made a false statement to the effect that “A would make profits from purchasing and repairing an accident vehicle from an insurance company. There is insufficient funds to open the industrial company for this project. If a KRW 100 million is leased, the Defendants would pay interest of KRW 150,000 per month and pay by January 14, 2020.” The Defendant B, who was next to the Defendant, made a false statement to the effect that “A would make a repayment without any mold, even if the Man-gu Special Metropolitan City Industrial Company was wrong, by raising a sales amount of KRW 5 million per month from Boak-gu and by January 14, 2020.”
However, in fact, Defendant A had no intention or ability to repay the debt due to the default of national taxes, the default of financial rights, the unpaid payment of the vehicle, and the unpaid payment of the vehicle amounting to KRW 55 million. Defendant B had a debt amounting to KRW 60 million, and Defendant B had a personal rehabilitation proceeding. In addition, Defendant B had a debt amounting to KRW 60,000,00,000, and was paid with money borrowed from the victim as business funds.
As a result, the Defendants conspired to induce the victim by such a method, and thus, the Defendants were transferred the sum of KRW 100 million from the victim on January 13, 2017, and KRW 100 million on January 19, 200, to the Nong Bank Account (F).
2. On March 2017, the Defendants of the 70 million Won loan fraud made a false statement to the Victim E, “A lack of funds to purchase parts to be repaired after purchasing an accident vehicle. If 70 million won is additionally lent, 90,000 won will be paid as interest per month and repaid without molding until March 17, 2020.”