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Defendant
A shall be punished by imprisonment with prison labor for a year and four months, and by imprisonment with prison labor for a year.
Reasons
Punishment of the crime
[Criminal Power] (Defendant A) On January 14, 2016, the Defendant was sentenced to two years in Seoul High Court to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment became final and conclusive on January 22, 2016.
Defendant A (Defendant A and B) actually operated Company G, a loan company located in the fifth floor of the Seoul F building in Gangnam-gu Seoul Metropolitan Government, and Defendant B is the representative director of Company I, a loan brokerage company located in the second floor of the Seocho-gu Seoul Metropolitan Government H building.
The Defendants conspired to obtain money from the victim K who was seeking funds to purchase the J hotel site in Yeonsu-gu Incheon, Incheon, and planned to acquire money under the name of loan expenses, etc. as if Defendant A had a capital of 20 billion won.
At the above G office around February 12, 2015, the Defendants concluded that “A prepared 20 billion won with respect to the land of Yeonsu-gu Incheon Metropolitan City, which he/she intends to purchase by the party, due to the request for the financing of purchase funds from another place, and the purchaser was not able to prepare the sale documents and the certificate of subrogation. If only the certificate of subrogation for the securities company, the Defendants may execute 20 billion won for the securities company.” The Defendants were remitted from the victim to the account of the post office in the name of the Defendant as the cost of issuing the certificate of subrogation for the securities company.”
From the same office on the 13th day of the same month, the Defendants were transferred 100 million won from the victim to the agricultural bank account in the name of the Defendant under the name of the Defendant for the purpose of cancelling the contract deposit with the victim’s “20 billion won which A deposited as a term deposit shall be cancelled, and KRW 100 million is required.”
However, the defendant A has the form of time deposit of 20 billion won or more.