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Defendant
A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 1,500,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
1. Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) made a false statement to the effect that, around July 27, 2017, Defendant A loaned KRW 9 million to the victim D’s house located in Chungcheongnam-si, after deducting KRW 1 million from the interest rate, Defendant A paid 10% interest every month by putting 10% of the interest rate and the principal would be repaid within 1-2 months.
However, even if the Defendant borrowed money from the victim, it was merely thought that he/she would consume his/her existing obligation for the purpose of repayment, etc., and did not make a 'defluence' term from the victim, etc., the Defendant could not pay a certain amount of interest every month, and there was no intention or ability to pay the principal, etc. normally to the victim.
Nevertheless, as seen above, the Defendant, by deceiving the victim and receiving KRW 9 million in cash from the victim on the same day, and acquired KRW 711,600,000 in total from around that time to February 26, 2018 by means of cash or account from 44 times as shown in the separate crime list.
2. Defendants’ co-principal conduct
A. While Defendant A continuously lent money from D as described in the foregoing paragraph (1), around October 2017, Defendant A entered into a lease agreement with D, stating that “In order to raise the funds, trading in the Chungcheongbuk-si would have to take over the Felel amounting to KRW 1 billion.” The amount of money shortage should be added to the card tin. If a loan is made, the amount of money shortage should be changed. If a loan is made, Defendant A entered into the Maur holding company with the said Maur holding company, and the interest would be paid at least 1% per month.” However, Defendant A entered into a lease agreement with D with the said Maur holding company with the money borrowed from D. In fact, the deposit was merely KRW 80 million.
After that, Defendant A would be able to pay the Felher deposit later from D on March 11, 2018.