beta
Text
Defendant
A Imprisonment with prison labor for six months and for eight months, respectively.
provided that this ruling has become final and conclusive.
Reasons
Punishment of the crime
Defendant
A, on October 24, 2019, was sentenced to two years of imprisonment with prison labor for a term of fraud at the District Court for the purpose of fraud, and the judgment was finalized on January 16, 2020. Defendant B was sentenced to two years of imprisonment with prison labor at the District Court for the purpose of fraud on October 24, 2019, and the judgment was finalized on November 1, 201 of the same year.
The Defendants conspired to borrow money with the knowledge of the fact that, from around October 2015, the Defendants: (a) lent money equivalent to approximately two billion won from other persons, and (b) there was no real investment in real estate; (c) there was no verification as to what kind of investment was used; and (d) C did not deny any tax accountant; and (c) C did not have been awarded a successful bid for real estate through C; and (d) there was no fact that C received a profit from a third party, and thus, C could not repay the money even if it borrowed money from a third party.
Accordingly, on March 17, 2017, Defendant A made a false statement to the victim D, stating that “I will pay 10-20% interest per month by investing in the victim D who is a new-free rejection C, and there is a lack of funds. When I lend money, I would have to pay the interest and pay it within one-month.”
In fact, due to the above circumstances, the Defendants did not have any intent or ability to repay the borrowed money even if they borrowed money from the victim.
As a result, the Defendants conspired in collusion with the victim and were transferred totaling KRW 306,636,00 from March 17, 2017 to October 20 of the same year by 12 times, as indicated in the annexed crime list, from March 17, 2017.
Summary of Evidence
1. Defendant B’s statement in the first trial record;
1. The defendant A's partial statement
1. Legal statement of witness D;
1. The defendants' written statements in each protocol of suspect examination of each police officer against the defendants
1. Statement made by the police on D;
1. The complaint, details related to money transactions, financial transactions with the principal, and criminal judgment, respectively; and