beta
Text
Defendant
A Imprisonment with prison labor for one year, and for two years and six months, respectively.
However, as to Defendant A, this shall not apply.
Reasons
Punishment of the crime
Defendant B was sentenced to four years of imprisonment for fraud, etc. at the Cheongju District Court on February 4, 2008, and the execution of the sentence was terminated at the public prison on February 3, 2010, and on November 1, 2013, the Daejeon District Court sentenced the suspension of execution to one year and six months of imprisonment for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Daejeon District Court on November 1, 2013, and the above judgment became final and conclusive on November 9, 2013.
Criminal facts
[2016 Highest 700]
1. The Defendants: (a) around November 201, 2010, planned Defendant B to conduct a sale business of a unit of a unit of a unit of a unit of a unit of a plot of land outside Chungcheongnam-gun, Chungcheongnam-gun, and 18 lots of land (hereinafter “gold-gun land”); (b) however, the Defendants concluded a sale contract with the landowners, but did not hold the purchase fund; (c) only had the intent to receive a loan with the purchase fund as collateral, and did not have any loan institution to lend the purchase fund specifically; (d) the Defendants did not have the ability to purchase the unit of a unit of a unit of a unit of a unit of a unit of land and to proceed with the sale business. Since Defendant B or the Defendant did not own any property and did not receive a loan exceeding the purchase price of the unit of a unit of a unit of a unit of land as collateral, the Defendants did not have any intent or ability to pay the principal and interest to the victims 45 days after borrowing the money
Nevertheless, the defendant A introduced, around November 1, 2010, that the victim I located in Seo-gu Daejeon, Seo-gu, Daejeon had great experience in real estate business in the past to the defendant B, and the defendant A tried to operate the real estate business together with B while lending the amount of KRW 90 million to KRW 45 million, including the interest of KRW 30 million after 45 million.
The defendant B also took place as if he had such ability, and he received 90 million won from the injured party and acquired it by fraud.
2...