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Defendant
A Imprisonment with prison labor for two years and for one year and six months, respectively.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
1. Defendant A’s sole crime committed on April 6, 2009 that the victim E, who was in Pyeongtaek-si D, said that “I will lend only KRW 30 million to the victim,” and that “I will complete payment without fail,” at the victim E’s house.
However, even if the defendant borrows money from the victim, the victim did not have any intention or ability to repay it at any time.
Nevertheless, as above, the Defendant, as well as the Defendant, by deceiving the victim as above, received KRW 30 million from the victim, namely, from the victim who was in his seat, from the above date to September 30, 2010, received KRW 160 million from the victim in the same way six times in total, such as the list 1.
2. On November 10, 2010, the Defendants jointly committed the crime committed by the Defendants, at the victim’s house on November 10, 2010, read false statements to the effect that “The victims are punished by KRW 60 million per month while running a self-market business for the ASEAN, and there is a need to pay money to expand the above business. Furthermore, there are two apartments, and there are approximately KRW 1.2 billion in the revenue amount, and there are approximately KRW 90 million in the revenue amount, even if the tenants were to deduct the deposit for the deposit for the deposit, and there are approximately KRW 1.2 billion in the revenue amount. This is because there are many security loans.”
However, even if the Defendant borrowed money from the victim, it was thought that Defendant A would have used the said money to repay the existing debt, and even if the said real estate also borrows money from the victim due to lack of collateral value, the Defendant did not have the intent or ability to repay the money at any time.
Nevertheless, the Defendants, as seen above, had the victim enticed and received KRW 140 million from the victim, and had the victim received KRW 176 million from the above date and time to January 25, 2012 in the same way as indicated in the List 2.
Summary of Evidence
1. Defendants’ respective legal statements 1.1.