A defendant shall be punished by imprisonment for six years.

Punishment of the crime

[2019 Highest 291]

1. The Defendant and B made a false statement to the effect that, on December 7, 2019 and December 12, 2019, the dismissal of prosecution is dismissed. The Defendant and B made a false statement to the effect that, on October 2010, the Defendant and the Defendant were found at the victim D’s house located in the former North Chang-gun C, Chang Chang-gun, Seoul, and that, on the other hand, the Defendant and B would make two copies of interest per month. The money would be immediately repaid.

However, at the time, there was no plan to examine the issue, and even if the victim received the above money from the victim, the defendant, B did not have the intention or ability to pay the principal normally, even though he did not intend to pay interest on the money borrowed from other persons or to use it as living expenses.

On October 11, 2010, Defendant and B, as such, deceiving the victim, received KRW 10 million from the victim to the E bank account in B’s name (F) around October 1, 2010, and, from around that time to August 31, 2018, they received a total of KRW 335 million from the victims, as shown in the attached list of crimes (1).

As a result, the defendant and B conspiredd to acquire the property from the victims.

2. Defendant A

A. On April 16, 2018, the defrauded of the Victim G made a false statement to the effect that “The down payment is insufficient to purchase an apartment building from the victim G,” by phoneing to the victim G, and to the effect that “if there is money, only KRW 30 million will be repaid.” The Defendant would be paid up to two copies of the interest.”

However, there was no fact that the defendant purchased the apartment of the defendant at the time, and even if the defendant received the above money from the victim, he did not have the intention or ability to pay the principal normally only when he thought that the interest on the money borrowed from another person was paid by the victim(s) or used as living expenses.

The defendant deceivings the victim as such and belongs to the E-bank B on the same day from the victim.