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Defendant
A shall be punished by imprisonment with prison labor for six months, and imprisonment with prison labor for one and half years.
except that from the date of this judgment.
Reasons
Punishment of the crime
Defendant
A는 2013. 6. 경 피해자 D으로부터 “ 여 윳 돈을 불릴 수 있는 데를 알아봐 달라” 고 요청 받자, 평소 알고 지내던 피고인 B과 함께 피해 자로부터 마치 인터넷 스포츠 토토 사업을 진행하여 수익이 많이 날 것처럼 피해자를 속여 금원을 편취하기로 공모하였다.
Defendant
A around June 18, 2013, the victim was introduced to Defendant B (F) at the coffee shop in the E department store located in Ilyang-si, Ilyang-si, Ilyang-si, Seoul, to the Defendant (hereinafter “F”), and the victim did not engage in “F Internet-related business.”
If the inside of the Republic of Korea particularly asked the F to pay money, the F shall not be guaranteed the principal, but shall not be informed about whether it will be paid clearly monthly interest, and the F shall be lent KRW 100 million to F. If so, three copies of interest will be paid for KRW 1 per month.
In addition, from five months after, five copies of the principal will be paid as interest.
The phrase “ makes a false statement.”
However, in fact, Defendant B did not proceed with the Internet-related business and was thought to use part of the money received from the damaged person as personal gambling fund, so even if borrowed money from the damaged person, Defendant B did not have the intent or ability to repay the borrowed money to the injured person.
Defendant
B around June 21, 2013, from the injured party, he obtained the total amount of KRW 100,000,000 from the coffee shop in the above E department store to receive KRW 10,000,000 from the injured party, as a loan.
In addition, the Defendants received the total amount of KRW 310 million from June 21, 2013 to December 24, 2013, as shown in the list of crimes in the attached Table, from the victim on a total of six occasions, as shown in the list of crimes.
As a result, the Defendants conspired to deception the victim as above and acquired the total amount of KRW 310 million from the victim by obtaining the delivery of KRW 310 million.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement made by the police with regard to D;
1. Details of financial transactions;