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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.
However, as to Defendant B, this objection.
Reasons
Criminal facts
1. On January 2013, Defendant A conspired with E and F in collusion with other persons seeking to study abroad to obtain money owned by the lending company by acquiring the money owned by the lending company by using the so-called “work loan” against those who temporarily lend high-amount money to certify balance at a closed place, and the E and F notified the Defendant of the detailed method of the work loan by paying the living expenses to the Defendant, like his family members at the same time with a free interest rate, and the Defendant agreed to implement this accordingly.
Around January 15, 2013, the Defendant made a false statement to the victim H who operates G, called “G,” and made a balance certificate from the victim’s bank account (Account Number I) in the name of the Defendant, with the amount of KRW 50 million transferred from around 16th of the same month to the company bank account (Account Number I) in the name of the Defendant, and made the victim believe that the victim would be able to withdraw the said money from the next day. On the 21st of the same month, the Defendant again made the phone call to the victim at the non-permanent site of the same month and again made a false statement to loan KRW 50,000 to the victim once again by calling from the victim at the non-permanent site of the same month to obtain a balance certificate in English.
However, not only did the Defendant had never thought to study abroad, but also had been given a loan of 50 million won through “G” and had reported the loss of the head of the Tong and had the head of the Tong newly issued the head of the Tong to acquire the said money by fraud.
Accordingly, the Defendant, upon receiving a transfer of KRW 50 million from the victim to the above account on the same day, filed a report on the loss of the passbook at the summary point of a corporate bank around the 22th of the same month, and then acquired 50 million won by means of withdrawing the above money through a new passbook issued.
2. Defendant A and Defendant B.