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Defendant
A As to the crime No. 1 in the judgment of Defendant B in 10 months of imprisonment with prison labor, the crime No. 2 in the judgment of Defendant B is committed.
Reasons
Punishment of the crime
【Defendant B’s criminal records】 Defendant B was sentenced to a suspended sentence of ten months for a violation of the Illegal Check Control Act at the District Court on June 30, 2011, and the said judgment became final and conclusive on July 8, 201.
【Criminal Facts】
1. On April 2, 2009, the Defendants conspired to the joint fraud of the Defendants, stating that “When the victims transferred to us the right to dispose of the H land owned by the victim, J 101 Dong 501-dong 501-dong 100 million won will be sold or paid within 100 million won to us, the victims G would have the right to dispose of the land owned by the victim in the vicinity of “F” located in Dobong-gu Seoul Metropolitan Government E.”
However, the Defendants were in bad credit or bad debt at the time, and there was no special authority related to the new construction of the J, so there was no intention or ability to pay KRW 100 million to the victims or sell the J as agreed.
On April 4, 2009, the Defendants acquired the right to dispose of the land owned by the victim by obtaining all necessary documents from the victim, and thereby acquiring the right to dispose of the said land, thereby acquiring the pecuniary benefits equivalent to KRW 100 million at the market price of the said land.
2. Defendant B’s sole fraud
A. A. Around September 2011, the Defendant made a false statement to the victim G located in Seoul Jung-gu, Seoul, stating that “Around 100,000 won will be repaid to the victim within 10 days if the operating expenses of the office are needed, while lending KRW 3 million to the victim.”
However, due to the fact that the defendant did not have any property at the time and did not receive any monthly income, even if he borrowed money from the victim, he did not have the intention or ability to repay it as the promise.
The defendant acquired the money from the victim, i.e., 3 million won from the seat and acquired it.
B. On December 30, 201, the Defendant used the Defendant’s office located in the Guri-si L in Gyeonggi-do for design and authorization costs when lending KRW 35 million to the Victim G.