(영문) 서울남부지방법원 2014.02.21 2013고단2839

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(영문) 서울남부지방법원 2014.02.21 2013고단2839

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Defendants shall be punished by imprisonment for one year and three months.

However, the defendant B for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendants, as a couple relation, should pay approximately KRW 150 million monthly interest when the obligations were to be paid around 2008,000,000,000 per month. Even if the Defendants received money from the victims due to the lack of particular profits due to the business depression of the restaurant operated by the Defendants, they did not have the ability to repay the money, and even if they received priority order from the members, they did not have the ability to pay the money normally.

Nevertheless, the Defendants conspired to borrow money from the victims and use the money as senior payment.

1. Fraud of loans to victims E;

A. On August 27, 2008, Defendant A told the victim at the victim’s house located in Geumcheon-gu Seoul Metropolitan Government F to the effect that “I will lend money to the victim due to children’s school expenses, which is required to pay for several months,” and Defendant B as the cycle of preparing a loan certificate under the name of the Defendants.

However, in fact, even if the Defendants borrowed money from the victim, they did not have the ability to repay it.

After all, the Defendants conspired to attract the victim and received 20 million won from the victim.

B. On May 15, 2011, Defendant A conspired with Defendant B, the victim’s home, stating, “I will pay back the amount of money if I lend money to the victim. I will pay back the amount. I would pay back the amount because I would have purchased redevelopment apartment 1 bonds in Osan. I would sell it.”

However, even if the Defendants borrowed money from the victim as above, they did not have the ability to repay it, and did not own redevelopment apartments at Osan.

As a result, the Defendants conspired to attract the victim and received the delivery of KRW 10 million from the victim’s occupation.

2. Fraud related to the guidance to victims E;

A. Defendant A shall have twenty-four instructors around September 20, 207.

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