Defendant

B Imprisonment for one year, and each of the defendants A shall be punished by a fine of KRW 1,00,000.

Defendant

A The above fine shall be imposed.

Punishment of the crime

[2012 Highest 883]

1. At around 19:00 on December 9, 2010, Defendant A made a false statement to the effect that, “The Defendant would promptly take over B’s goods by making efforts to ensure that B may pay a loan of 1 billion won to the head of the inner branch of the Industrial Bank and B, and that, at the same time, the expenses to promote the work would be changed.”

However, in fact, the defendant did not have the intention or ability to cause the loan to B to be sexually created at the inside of the Industrial Bank Support Branch of the Industrial Bank, and there was no intention or ability to cause the above B to take over the storage of the goods of the victim.

Accordingly, the defendant deceivings the victim, which is, from the victim's seat, obtained 1.7 million won from the victim as a security, and acquired it by fraud.

2. Defendant B demanded to lend money in preference to the terms of an underwriting agreement while delivering to the victim the intent to take over the custody of goods owned by the victim D, as described in the preceding paragraph, through A.

Accordingly, A around December 21, 2010, at the same place as indicated in the preceding paragraph, delivered the Defendant’s demand to the effect that “B first lends 70 million won to B prior to the conclusion of the underwriting contract, prior to the acquisition contract, it would fix down the down payment at a higher level and enter into an underwriting contract for the storage of goods. In addition, if it receives a loan from an industrial bank, it would also be repaid at the time of the payment of the down payment.”

However, in fact, the defendant did not have the ability to obtain a loan from the Industrial Bank at the time and was economically difficult, so even if he borrowed money from the victim, the victim's goods should be kept.