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Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for five years.
However, this judgment is delivered against Defendant A.
Reasons
Punishment of the crime
[criminal record] On December 11, 2013, Defendant B was sentenced to two years of imprisonment for fraud, etc. by the Daejeon District Court on December 11, 2013, and completed the execution of the sentence in the official prison on June 12, 2015.
[2018 Gohap 172]
1. Defendant A
A. On August 4, 2015, the Defendant loaned KRW 30,000,000 per month to the victim, who works for the victim C in Geumsan-gun, from the Korea Geumsan branch, that “I have borrowed money by forging a private document as friendly D, and D have to be bound in the same way as D if I would have known the Defendant of the agreed amount of KRW 30,000,000,000,000,000,000,000 won per month shall be paid to the victim. The Defendant would pay the time limit money to September 2016.
“A false statement” was made.
However, in fact, the Defendant thought to use only KRW 15 million for other purposes, and the remainder was thought to be used for other purposes, and the Defendant did not have much monthly payment of KRW 250 million for the victim, and even if he did not borrow money from the damaged party due to the uncertainty of the profits to start a new business, he did not have any intention or ability to pay the money properly.
The Defendant, by deceiving the victim as such, received 30 million won more than the amount to be used as actual agreed upon from the injured party to the account in the name of his father F, and acquired pecuniary profits of 15 million won, which is equivalent to the difference.
B. On October 27, 2015, the Defendant: (a) lent money to G in order to operate a malicious trading store to the victim; and (b) borrowed money to G in return to G; and (c) borrowed KRW 20 million, the Defendant paid off money from January 2, 2016 to February 2, 2016; and (b) made a false payment of the previous debt to the victim within five years.
However, the Defendant did not have any intent or ability to pay the damages properly even if he borrowed money from the damaged party due to the above economic circumstances.
The defendant deceivings the victim as such, and is subject to it.