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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.
However, the two years each from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Defendant A was sentenced to one year of imprisonment for a violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users in the Busan District Court’s Branch on February 6, 2015 and two years of suspended execution on July 2, 2016. Defendant B appealed from the Seoul Central District Court on May 25, 2016 and appealed one year and four months of imprisonment for fraud, etc. at the Seoul Central District Court on May 25, 2016, and the same court was sentenced to one year and two months of imprisonment on October 14, 2016 and became final and conclusive on the 22th of the same month.
[Defendant A] On March 2010, 2010, the first police officer (“Defendant A”) heard the horses that “to obtain a loan from the victim G, i2 billion won, creating the details of the deposit transaction of the 12 billion won fake deposit” and consented thereto, and requested Defendant B to forge a certificate of 12 billion won deposit transaction by delivering the horses from Defendant F, and Defendant B consented to the following crimes in order:
1. On March 2010, 2010, Defendant A told Defendant A to the effect that “I would make a certificate of deposit transaction performance in which KRW 36 million is deposited at KRW 12 billion on the face of 12 billion to the victim through F for the first time.”
However, in fact, Defendant A requested Defendant B to forge a certificate of deposit transaction with 12 billion won deposited in Defendant B, and Defendant B merely forged the above certificate of deposit transaction with Defendant A’s request and thought to deliver it to the victim. The Defendants did not have any intent or ability to make a certificate of deposit transaction with 12 billion won deposited in the victim even if they received money from the victim.
As a result, the Defendants conspired with the victim on March 11, 2010 to KRW 20 million in cash at the I hotel coffee shop located in Jung-gu Seoul, Jung-gu and KRW 36 million in total at the same place on March 12, 2010.