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Defendant
A Imprisonment with prison labor for a year and six months, and for a defendant B, for three years, respectively.
but for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2014 Gohap62"
1. Defendant B made a false statement to the effect that, by telephone at a place where it is not known to the police officer during July 2013, Defendant B paid the victim E interest amounting to KRW 1,500,000 per month due to the Plaintiff’s occurrence of bonds to F. However, Defendant B made a false statement to the effect that “F would have borrowed money to pay the principal.” Defendant A shall be liable to pay the principal to F. However, at a coffee shop where it is difficult to know the trade name at Ycheon-si, Ycheon-si, Gyeongcheon-si, where it was around July 19, 2013, Defendant A bears KRW 20,000 to F. 5 months.”
However, even though Defendant A was not liable to pay 20 million won as debt to F, the Defendants were able to receive money from the victim on the ground of F. At the time, the Defendants did not have any intent or ability to pay the money even if they borrowed money from the victim due to bad credit standing.
The Defendants received KRW 20 million from the victim to the Agricultural Cooperative Account of F on July 19, 2013 as the borrowed money.
As a result, the Defendants conspired to attract the victim to receive the goods.
2. Defendant A made a false statement to the victim E by telephone at a place unknown on January 2012, 201, to the effect that “The number of days to the employees of the insurance company would be given to them, and thus, he/she would be paid the principal and 3% interest once every 10 days.”
However, in fact, the victim was intended to use the money remitted from the victim, and there was no specific property at the time, and there was no intention or ability to pay the money to the victim unless he/she borrows money from the victim with bad credit standing.
Around January 11, 2012, the Defendant received KRW 1.9 million from the victim to the agricultural bank account in the name of G, the mother of the Defendant.