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Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.
except that from the date of this judgment.
Reasons
Punishment of the crime
1. The Defendants’ co-principal
A. Defendant A requested to introduce a person to lend money to Defendant B for the purpose of making profits by purchasing an accident via D or an illegal check, bond certificate, or certificate of deposit, etc., and Defendant B, via E around January 16, 201, requested the victim F through E to transfer money to the bank account in the name of Defendant A, stating that “When there is a certificate of deposit with a high amount of money, it is necessary to find it. It is necessary to pay KRW 300 million. If money is short of money, it will be repaid twice a day. If money is short of money, it will be repaid KRW 150 million following the day.”
However, in fact, even if the Defendants borrowed KRW 150 million from the victim, they did not have any intent or ability to repay the principal amount of KRW 150 million up to the next day as well as KRW 300 million up to the next day.
On January 17, 2011, the Defendants conspired to deception the victim as above and acquired money from the victim to the bank account in the name of the Defendant A for the purpose of borrowing money from the victim.
B. around March 9, 2011, the Defendants demanded the Defendant B’s office located in Jung-gu Seoul Metropolitan Government G Building 7.13 to pay the above KRW 150 million from the victim F, the Defendants continued to lend the above KRW 50 million to the victim F, and agreed to pay the above KRW 150 million, including the above KRW 150 million.
However, in fact, even if the Defendants borrowed five million won from the victim, they did not have the intention or ability to pay it.
The Defendants conspired to induce the victim as above and acquired 5 million won from the victim’s account in the name of Defendant A to the bank account in the name of Defendant A on the same day.
2. Defendant A’s sole criminal conduct in the “I” coffee shop located in Songpa-gu Seoul Metropolitan Government H around September 5, 201, and Defendant J lent KRW 5 million to the victim J as it is urgently required to pay money.