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Defendants shall be punished by imprisonment for four months.
However, each of the above defendants is against the defendants for one year from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On April 30, 2018, Defendant A: (a) the victim E who prepares for the opening of “D” business to the Donnam-gun C, the Defendant called “D to lend money for the full payment of the pre-paid payment of D’s Dondo “F” (hereinafter “G”) in Jeju-do.”
However, in fact, the defendant only has the purpose of preparing the money to repay the prepaid debt of Franran tavern, and there was no intention or ability to perform the work in D.
Nevertheless, the Defendant, as seen above, received KRW 100,000 as the borrowed money on May 8, 2018, including the victim’s false statement from the victim and received KRW 25,00,000 from the victim as a prepaid payment, and received KRW 300,000 as the borrowed money on May 16, 2018, KRW 300,000 as the borrowed money on May 20, 2018, KRW 300,000 as the borrowed money on May 20, 2018, and KRW 1.5 million as the borrowed money on June 1, 2018.
Accordingly, the defendant deceivings the victim and obtained a total of KRW 28.1 million, and acquired it by fraud.
2. On April 30, 2018, Defendant B: (a) the victim E who prepared for the opening of “D” business to the Donnam-gun Donnam-gun C, stating, “D lend money for the full payment of the prepaid payment of D’s Dondo “F” (hereinafter “G”),” to the victim E who was in preparation for the opening of “D” business to the Donnam-do Donnam-gun C.
However, in fact, the defendant only has the purpose of preparing the money to repay the prepaid debt of Franran tavern, and there was no intention or ability to perform the work in D.
Nevertheless, the Defendant, as seen above, received KRW 100,000 as the borrowed money on May 8, 2018, including the victim’s false statement from the victim and received KRW 23 million as a prepaid payment, and received KRW 300,000 as the borrowed money on May 16, 2018, KRW 500,000 as the borrowed money on May 20, 2018, KRW 500 as the borrowed money on May 20, 2018, and KRW 1.5 million as the borrowed money on June 1, 2018.
Accordingly, the defendant deceivings the victim and obtains a total of KRW 26,30,000 from him.