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Defendant
A Imprisonment with prison labor for two years and six months, and Defendant B shall be punished by imprisonment for one year and six months.
Reasons
Punishment of the crime
[2019 Highest 756] The Defendants are married couple, who operate D’s “D” in the 3rd floor in Busan Northern-gu, Busan. The victims E, victims F, victims G, and victims H are the relatives of Defendant A.
The Defendants operated the beauty art room and used most of the profits to repay the debts, and, even if they borrowed money from the victims, such as there is no collection deposit or deposit under the name of the Defendants, there is no time limit to pay the money, the Defendants were willing to pay the money, and they were willing to use it as personal debt or living expenses, etc. from the victims even though they did not have the intent or ability to pay it.
1. From May 2017, the Defendants related to the cosmetic-related fraud, “A” made a false statement to the victim E and the victim G that “I lend money to the cosmetic-related business, he/she shall pay the proceeds from operating the cosmetic-related business within one year, and even if he/she is not well operating the cosmetic-related business, he/she shall deduct the deposit money of the cosmetic-related business he/she lives or repay the money even if he/she sells his/her house owned by us.” The Defendants received KRW 10 million from the victim E around June 5, 2017, and receive KRW 40 million from the victim’s J bank account (K) in the name of Defendant B (K).
As a result, the Defendants conspired to induce victims E to receive KRW 10 million by deceiving victims G and 45 million by deceiving victims.
2. On August 2017, the Defendants called the victim F by phoneing the phone to the victim F, and falsely speaked that “The Defendants, if they lend KRW 30 million to operate the beauty room, would return the investment fund to the L, with the fact that there is no joint investor, would be repaid to the time limit for payment after a month.”
However, at the time, the owner of the L Beauty room was not the defendants, and there was no joint investor due to the situation that Defendant B her only helps the operation, and it is possible to lend money from the victim.