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A defendant shall be punished by imprisonment for not more than ten months.
The defendant shall pay 116,00,000 won to the applicant for compensation by fraud.
3.2
Reasons
Punishment of the crime
In collusion with E on June 2015, the Defendant’s “K” as stated in the written indictment for the victim B, who is a person of E, in the house where the mother of E in the Nowon-gu, Seocheon-gu, Seoul, is residing.
“The amount of KRW 150,000,000,000 written indictment as security for the E’s 1/4 shares in the E’s name for the house in which E is born shall be written in writing.
The right to collateral security is set up and the corporation G hereinafter referred to as "G").
Since the principal and interest 16 million won borrowed from the loan is urged to be repaid, the loan will be repaid if it is lent money.
The phrase “assumed.”
However, even if the defendant and E borrow money from the victim, they merely intended to use it as business funds, living expenses, Defendant's personal debt repayment, etc. to proceed under the name of the defendant, and did not intend to repay the above loans secured by E's mother-friendly house.
On July 17, 2015, the Defendant, by deceiving the victim, received KRW 116 million from the victim’s account in the H’s name designated by the Defendant, to transfer the amount of KRW 100 million to J of the I Bank account under the H’s name, and acquired property profits by acquiring them.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness B and E;
1. The police suspect interrogation protocol of H;
1. Statement to E by the police;
1. Comprehensively taking account of each of the above evidence duly adopted and examined by this Court, the Defendant was well aware that, even if the Defendant borrowed KRW 116 million from the victim, the Defendant would not use the above money for the purpose of repaying the Defendant’s loans to E as if the victim was expressed, and the Defendant, despite the fact that the Defendant: (a) was committed as if he would have borrowed money from the victim and borrowed money from the victim; (b) the victim, knowing that he was the head of the office of G, remitted KRW 16 million to the bank account in the name of H; (c) however, H transferred KRW 16 million to the bank account in the name of H.