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1. The Defendants jointly share KRW 69,000,000 with respect to the Plaintiff and the Defendants’ Cooperatives from April 6, 2010 to April 6, 2016.
Reasons
1. Facts of recognition;
A. Defendant C and D were indicted by the Seoul Central District Court 2015Da8276 on August 17, 2016 due to the following criminal facts, and Defendant D was sentenced to imprisonment for one year, and Defendant C was sentenced to imprisonment for six months. The above Defendants appealed by Seoul Central District Court 2016No3026 and were convicted of the above criminal facts on November 24, 2016, but Defendant C was sentenced to imprisonment for eight months, Defendant C was sentenced to a suspended sentence for six months, and Defendant C was sentenced to a suspended sentence for two years, and Defendant C appealed appealed by the Supreme Court 2016No20535 on March 31, 2017.
In collusion with E on April 2010, the Defendants purchased the 10th floor of “G” office in Gangnam-gu Seoul, Seoul, under the name of “H Co., Ltd., an agricultural corporation the representative director of which is the victim A, and conducted the J development project, Defendant C prepared a false document “as if the victim could lend KRW 30 billion to E with respect to the above business,” and let the victim deliver it to Defendant D. Defendant D through K, who is the partner of the victim, with the document “as the victim’s capital for the loan,” and followed the loan to raise funds for the above business.
However, in fact, since it is impossible to lend 30 billion won in connection with the above business at two parallel points, the Defendants did not have any intent or ability to purchase the loan even if they received money from the victims as the expense for arranging the loan.
Nevertheless, on April 5, 2010, the Defendants: (a) by deceiving the victim as above; (b) received KRW 20 million from Defendant D’s account in terms of loan brokerage expenses; and (c) received KRW 70 million in total from Defendant D through K on the same day; and (d) received KRW 50 million from Defendant D through K on the same day.
B. At the time of the above criminal act, around April 2010.