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[Defendant A] The defendant shall be punished by imprisonment for a period of two years and six months.
[Defendant B] The defendant shall be punished by imprisonment for four months.
(b).
Reasons
Punishment of the crime
"2018 Highest 1974"
1. Around May 2014, Defendant A visited Defendant A’s victim C at the “E” house located in Pyeongtaek-siD in order to view it as a family or personal problem. At this point, Defendant C initially visited and became aware of the victim C who was working as an unqualified person.
On April 27, 2015, the Defendant made a false statement to the victim that “The Defendant shall pay the deposited money of KRW 252,000,000 in the future within the Pyeongtaek branch of the Suwon District Court. If the Defendant paid the deposited money of KRW 8,00,000 to the court, the Defendant may recover the deposited money. If the Defendant borrowed the deposited money of KRW 8,00,000,00,000, there is no money now. There is a deposit amount of KRW 20,000 in F and G, and there is a deposit amount of KRW 20,000,000, the deposited money can be found if the seizure between F and G can be found.”
However, in fact, the Defendant did not have any money deposited in the above court and did not have any deposit equivalent to KRW 200 million in F and G. At the time of the instant case, there was no bonds and credit cards in excess of KRW 100 million, and there was no other property, and there was no intention or ability to repay the money even if the Defendant borrowed the money from the victim in return for his/her personal debt and cost of living.
From February 26, 2015 to October 2016, the Defendant received or acquired property and property gains (cash 46,716,000, account transfer KRW 42,746,728, and KRW 101,510,000) equivalent to KRW 190,972,728 in total from the victim on 51 occasions, such as the statement in the crime list, from February 26, 2015 to October 2016.
"2019 Highest 687"
2. On January 7, 2016, Defendant A’s fraud against Defendant A’s victim H in the Defendant’s residence in Pyeongtaek-si, Defendant’s mother, B, or her own telephone to the Victim H, thereby coming back to the Defendant’s her mother.