Defendants shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 14, 2019, the Defendants made a false statement to the effect that “The Defendants would complete all of the loans to the victims within three months from the lending of money,” using the following: (a) the victim F (22 tax) level 3 of this intellectual disability; and (b) the victim F (22) level 3 of this intellectual disability; and (c) the Defendant would use the loan under the name of the victim for the purpose of obtaining the loan from the victim.”

However, the Defendants did not have any intention or ability to repay the loan even if they received the loan in the name of the victim because they did not make any profit or have a large number of obligations.

Accordingly, the Defendants: (a) by deceiving the victim as such; (b) had the victim apply for a loan from G and H Co., Ltd.; and (c) had the victim withdraw KRW 5 million out of the amount of KRW 6 million deposited in the account in the victim’s name around July 16, 2019; and (c) received the said loan from the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to the F and J by each prosecutor;

1. A statement of transactions made by the police on F in each police statement, and the application of statutes on dialogues;

1. Article 347(1) and 30 of the Criminal Act and the choice of punishment for the crime (the Defendants)

1. Article 62(1) of the Criminal Act (the Defendants)

1. Defendant A) The reasons for sentencing in Article 62-2 of the Criminal Act are as follows: (a) the Defendants conspired to commit a crime with intellectual disorder and acquired 5 million won by deceiving the victim.

However, Defendant B and A agreed to compensate for damages to the victim (the above defrauded did not agree with the victim but deemed to have been used for B), Defendant B and C did not have the same record, and other various sentencing conditions specified in the trial process of the instant case, including the Defendants’ age and character, family relation, motive, means and consequence of the crime, and circumstances after the crime, shall be determined as ordered by comprehensively considering the following factors.