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Defendant
A Imprisonment with prison labor for four years and for two years, respectively.
However, this judgment is delivered against Defendant B.
Reasons
Punishment of the crime
"2018 Highest 588"
1. The sole criminal conduct of Defendant A;
A. On March 2017, 2017, the victim AD Defendant A, a partner of the Dong-gu Seoul Special Metropolitan City AE apartment house AF, Ulsan Special Metropolitan City (hereinafter referred to as the “AE apartment house AF), may lend the money to the victim at an elementary school, thereby lowering the interest.
The loan made a false statement to the effect that it would be paid immediately.
However, at the time, Defendant A was absent from gambling, and was thought to use the money borrowed from the victim for gambling, and there was no particular property or income, so there was no intention or ability to repay the money as agreed to the victim.
Defendant
A, as such, by deceiving the victim and being granted KRW 30 million on or around March 7, 2017 as the borrowed money from him/her, and from around that time to April 27, 2017, A received a total of KRW 228,050,000 in total over 16 times as shown in the list of crimes in attached Table (1) as shown above, from around that time to around April 27, 2017.
B. On May 2017, Defendant A, from “AI” located in Ulsan-gun AH in Ulsan-gun, Ulsan-gun, U.S., U.S. to show the victim’s mobile phone 90 million won in balance with the cell phone, Defendant A cannot find any money combining the balance of the head of the Tong with KRW 90 million.
In finding this money, a false statement was made to the effect that the 24 million won is required, and that the 24 million won is to be loaned, and that the 24 million won is to be repaid with the money to be collected within 2 weeks.
However, there was no intention or ability to pay money to the victim as agreed because the defendant A made a false statement to the victim, and there was an idea to use the money for gambling as above.
Defendant
A, as such, deceiving the victim and then, from May 24, 2017 to September 18, 2017, receive KRW 24 million from May 24, 2017 as the borrowed money.