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Defendant
A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000, respectively.
The Defendants respectively.
Reasons
Punishment of the crime
1. On June 13, 2018, Defendant A told the victim C to have a large amount of money on July 13, 2018, at a non-place below Sungsandong, Mapo-gu Seoul Metropolitan Government, for a gold mine business. Defendant A said, “I will give a large amount of money to the victim C. If I lend money.”
However, in fact, since there was no gold mine business that the husband of the defendant promoted, and there was little possibility of success, there was no intention or ability to repay even if the defendant borrowed money from the victim for the cost of living.
The Defendant, as such, by deceiving the victim, received KRW 20,000 from the victim to the D account under the name of the Defendant, and received from that time the Defendant received KRW 5,170,000 in total over 21 times from that time until October 16, 2018 as indicated in the [Attachment List Nos. 1 through 21 of the Crimes List.
2. On November 1, 2018, the Defendants jointly committed the crime saying, “On the other hand, the Defendants borrowed a large amount of money in connection with the gold mine business from 15 days to 5 million won prior to the loan, with the total amount of KRW 10 million to 5 million up to November 15, 2018,” and Defendant B as the obligor, and Defendant A as the joint surety, prepared and drawn up a certificate of KRW 10 million,000,000,000,000,000,000,000 won, written by Defendant A as the joint surety.
However, the Defendants did not have any intention or ability to repay even if they were to engage in the mine-free business as if they were in progress well, and they were to lend money from the victims to use it for the cost of living.
In collusion, the Defendants received 6,544,000 won in total from 19 times, as stated in [Attachment 22-40] to 40 times from April 16, 2019, as well as from the time to April 16, 2019, by deceiving the victim and receiving five million won from the victim.
Summary of Evidence
1. Each legal statement of the Defendants (as of the second trial date)
1. Statement to C by the police;
1. A E bank under the name of E bank;