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Defendant
A Imprisonment for 10 months, Defendant B shall be punished by a fine of 3,000,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
1. The Defendants, as a mother-and-child, conspired to borrow money under the name of appraisal expenses necessary for the loan even though they did not have the intent or ability to repay money even if they borrowed money from the victim because they had already failed to repay the amount of KRW 100 million invested by the victim D.
On September 30, 2010, the Defendants, in F, operated by the Defendants in Busan-gun, Busan-gun, signed and sealed the Defendant as the borrower, and the Defendant B as the joint guarantor, respectively, on the loan certificate stating, “I will loan the F building appraisal cost of KRW 15 million to the Defendant and make all of the previous investments after obtaining the loan.” The Defendants stated, “I will use this money only as the loan cost, such as appraisal cost, and will not use it for other purposes.”
However, even if the Defendants received the borrowed money from the victim, they thought that they will be used to pay the borrowed money, and there was no intention or ability to pay the borrowed money to the victims.
As a result, the Defendants conspired to deception the victim and acquired the victim's 15 million won as the borrowed money from the victim in the same place.
2. On May 2, 2013, Defendant A’s sole criminal defendant appeared at the Ulsan District Court located in Ulsan-dong, Ulsan-gu, Ulsan-do, as a witness for the case of revocation of fraudulent act, etc., and testified after taking an oath. Defendant A loaned KRW 15 million to the other creditors’ money recorded on the registry, although Defendant A tried to obtain full payment of the claim by borrowing KRW 15 million under the name of the witness’s belief and for additional appraisal expenses, he/she was required to pay only the amount of money of other creditors recorded on the registry, and real estate was left for the Defendant’s right to collateral security and provisional registration, not for the attorney’s appraisal expenses, but for the construction expenses.