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Defendant
A Imprisonment with prison labor for eight months and for one year, respectively.
Reasons
Punishment of the crime
"2016 Highest 1926"
1. The Defendants’ joint crime committed on February 13, 2014 to provide the victim D with interest of 2.5% per month on a loan of KRW 30 million.
Since land has been sold, it will be sold and repaid.
The phrase “ makes a false statement.”
However, in fact, Defendant A did not have any property or income, while Defendant A did not have any personal debt, and Defendant B did not have any land in which personal debt was paid to the enemy while running a singing room, etc., and thus, the Defendants did not have any intent or ability to repay even if they borrowed money from others.
The Defendants received 30 million won from the injured party to the Defendant’s account under the name of Defendant B as the borrowed money on the same day.
As a result, the Defendants conspired to deception the victim by deceiving the victim.
2. On October 2, 2013, Defendant A made a false statement to Defendant D by phoneing the victim D, stating, “E interest at the rate of 3% per month for which payment is required, and KRW 2 million is loaned.”
However, in fact, E did not have to say that it is necessary to pay money to the defendant, and the defendant was thought to use money from the victim, while the defendant did not have any particular property or income, while the defendant did not borrow money from others, so there was no intention or ability to pay money even if he borrowed money from others.
The Defendant received 1.4 million won from the injured party to the Defendant’s account under the name of the same day, and received from around that time to July 16, 2014 the total sum of KRW 16,4360,000 from the name of the Defendant’s account or E in the name of the Defendant, as shown in the list of crimes in the attached Table from around that time to July 16, 2014.
Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.
3. Defendant B
A. On March 18, 2014, the Defendant called the victim D to purchase the good land.