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1. Defendant A shall be punished by imprisonment for six months.
However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendants jointly committed the crime: (a) while Defendant B was able to borrow money from the victim C, he was aware of the Defendant, while Defendant B was able to borrow money from the victim C; and (b) Defendant A tried to operate the victim E in the vicinity of the victim’s residence located in the Seocho-gu, Daegu-gu, Seogu, 2016, on March 3, 2016, in the vicinity of the victim’s residence; and (c) Defendant A tried to operate the victim’s private village B in the Changwon.
If a person lends money with the loan, he/she will pay interest and principal with the profit accrued from operating the house of the recipient.
“A false statement” was made.
However, the Defendants were not simple in the private villages, and Defendant B did not have any plans to operate E, and even if they borrowed money from the injured party, they did not have any intent or ability to repay the borrowed money.
Defendants were granted KRW 21,754,00,000 in total, around March 11, 2016 and KRW 5,754,00 in around March 25, 2016, from the injured party, for the purpose of borrowing money.
As a result, the Defendants conspired to attract the victim to receive property from the injured party.
2. Defendant A, at around March 16, 2016, intends to deliver the said victim’s money lent to B at the same place as above, to the said victim.
“The phrase “ was false.”
However, even if the defendant received money from the above victim, he did not have any intention or ability to deliver it to B.
The Defendant received 3.7 million won from the above victim to the Defendant’s F account.
Accordingly, the defendant was given property from the victim by deceiving the victim.
Summary of Evidence
1. Defendants’ legal statement
1. Statement made by the police against C;
1. Extension of credit, transaction records, process certificates of lending and borrowing of money, transaction details, written details, and application of the G-related Acts and subordinate statutes;
1. Relevant Article of the Act and the choice of punishment for the crime;
A. Defendant A: Articles 347(1) and 30(joint fraud) of the Criminal Act.