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Defendant
A Imprisonment of 10 months, and Defendant B shall be punished by a fine of 4 million won, respectively.
Defendant
B The above fine shall not be paid.
Reasons
Punishment of the crime
1. Defendant A knew that the victim G needs funds to obtain a public auction of the water play facility “I” located in the Y in Bupyeong-gu, Seocheon-gu, Seocheon-gu, and concluded a consulting contract under the pretext of arranging a loan to the victim, and received money as a down payment and received money.
On December 16, 2013, the Defendant entered into a consulting service contract with the content that the Defendant would pay 500 million won service fees if the Defendant borrowed a loan to the victim G by stating that “a bank will arrange a loan of 9 billion won, the amount of 10 billion won per 90% of the amount of I public auction in a bank” to the victim G.
However, even if the Defendant received money from the victim, he did not have the intent or ability to arrange a loan of 9 billion won, and the circumstances of the company were difficult at the time, and the money received from the victim was considered to be used as employees' wages or office rent, etc.
As above, the Defendant, by deceiving the victim and deceiving him/her as such, KRW 20 million in cash from the victim as a down payment on December 16, 2013; KRW 8 million in cash on the same day on January 2, 2014; KRW 22 million in two times through a new bank account in the name of K on the 3th day of the same month; KRW 20 million in cash on the 13th day of the same month; KRW 20 million in cash as a down payment; KRW 30 million in cash and cash on the 15th day of the same month as a down payment; and the same year.
2.(27) At around 27. A person has received or remitted 20 million won to a single bank account under the name of K as a continuing expense to obtain a loan as soon as possible;
As above, the Defendant, by deceiving the victim, received a total of KRW 120 million, and acquired it by fraud.
2. On January 16, 2014, Defendant A and B’s co-principal defendants introduced Defendant B at the above (K) office, Defendant A introduced Defendant B as a person who would provide a loan to the victim G, and Defendant B falsely stated that the said G would be able to obtain a loan.