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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
D and Defendant A are the vice-competences.
Defendant
A knew on November 201, 2001 that the victim E was a pharmacist with a large monthly income, A had planned access to the victim's parents by emphasizing that the parent of the defendant operated two restaurants and the parent of the victim with a large amount of cafeteria, and had the victim live together with the victim from January 2002.
However, in fact, Defendant A did not have any particular property under his own name, there was no specific occupation, and there was no property under his parent's name, and the parent did not have any particular income due to the absence of a certain occupation.
Defendant
A living together with the victim, provided all living expenses while living together with the victim, and had the victim's credit card arbitrarily used, etc., with the intent of living together with the victim.
1. On November 2004, Defendant A and D made a false statement to the effect that “I will take over a commercial building in Gyeyang-gu” to the victim in their officetels near Gangnam-gu Seoul Gangnam-gu, Seoul, and that “I will take over a commercial building. I will take over a commercial building if I borrowed 50 million won to the lender in charge of money, take over the commercial building, and will repay KRW 100 million including the fact that I will take over the commercial building as collateral, and then will repay the amount of KRW 100 million including the fact that I will take over the commercial building.” The Defendant A made a false statement to the effect that “I will allow the victim to take over the building by allowing his father to take over the building by means of a public supply certificate to get his horses borrowed.”
However, the facts are that D and Defendant A did not have the intent or ability to accept the above commercial building, and they did not have the intent or ability to repay the money even if they borrowed the money from the victim.
D and Defendant A conspired, as above, by deceiving the victim as above, and deceiving him from the victim on November 8, 2004, at a corporate bank's sex stop point in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu to receive 50,000,000 won as the borrowed money from the victim.
2. Defendant A’s fraud