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Defendant
A Imprisonment with prison labor for two years, and for one year, for Defendant B.
Defendant
A 50,000. 50,000
Reasons
Punishment of the crime
"2012 Highest 949"
1. Defendant A
A. The defrauded did not have the intent or ability to pay the money normally even if he borrowed money from others.
Nevertheless, around July 2006, the Defendant, in the vicinity of the “M” bank operated by the Defendant in Gwangjin-gu Seoul Special Metropolitan City, sold the house to the victim D. It is necessary to pay money. In any time and at any time, there is a difference in lending money when four is required. Accordingly, the Defendant deceiving the victim and was given KRW 20 million from the victim around that time.
In addition, the Defendant, from July 2006 to July 2009, deceiving each of the victims D and seven others on a total of 25 occasions, as indicated in the attached Table of Crimes (1) from July 2006 to July 2009, and received a total of KRW 39 million from the victims.
B. The Defendant in breach of trust is the subject of a set of KRW 10 million, which was organized on or around December 15, 2006, and the number of 21 units, each of which was 21.
The Defendant, around April 15, 2008, received a total of KRW 11,60,000 from the members of the above numbers of accounts from the above numbers of accounts, and thus, the Defendant had the duty to pay KRW 11,60,000 to the victim N, who is the 17th day which was designated as the recipient of the accounts.
Nevertheless, the Defendant violated his duty and did not pay the fraternity to the injured party, and at that time, consumed without permission due to the Defendant’s repayment of his personal debt, etc., thereby acquiring pecuniary benefits equivalent to KRW 11.6 million and causing damage equivalent to the same amount to the injured party.
2. Defendant B did not have an intention or ability to pay money normally even after borrowing money from others.
Nevertheless, around July 4, 2006, the Defendant purchased clothes from the “P” clothes operated by the Defendant in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu).