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Defendant
A Imprisonment of one year and six months, and Defendant B shall be punished by imprisonment of two years and six months, respectively.
(2) the date of this judgment.
Reasons
Punishment of the crime
Defendant
A is a person who actually operates G Co., Ltd. established for the purpose of importing and selling Chinese tea in Jongno-gu Seoul Metropolitan Government F (hereinafter referred to as “G”), and Defendant B is an insurance solicitor of KING life insurance company.
1. On September 201, the Defendants conspired with the victim H, and concluded a false statement with the victim’s “I am well-known by purchasing the vehicle,” which reads that “I will pay KRW 892,80,000,00,000 including the principal amount after the three-year grace period if I am well-known,” and “I will pay KRW 186,000,000,000,000 including the principal amount if I am well-known.”
However, in fact, the Defendants did not have the intent or ability to repay the principal and interest of the investment because they did not intend to purchase the investment money received as the insurance premium for the insurance contract solicited by Defendant B.
Nevertheless, on September 15, 201, the Defendants: (a) by deceiving the victim; (b) obtained KRW 10 million from the victim; (c) KRW 83 million from September 21, 201; (d) KRW 26,5 million from September 26, 201; (e) KRW 25 million from the victim; and (e) obtained KRW 23 million from the Korean bank account (J) of Defendant B on December 28, 201 from the victim; and (e) acquired KRW 186 million in total from September 21, 2012.
2. The Defendants conspired with the victim K to deception by deceiving the victim by the aforementioned means at the G office around December 201, and deceiving the victim on January 4, 2012, 201; KRW 43 million on January 5, 2012; KRW 25 million on Defendant B’s account on March 26, 2012; KRW 25 million on April 28, 2012; KRW 20 million on August 30, 2012; KRW 20 million on August 20, 2012; and KRW 183 million on September 19, 2012; and KRW 20 million on September 20, 2012, respectively.
Summary of Evidence
1. Defendant A’s legal statement
1. The defendant B's partial statement
1. The witness A’s legal statement (defendant B)
1. The witness B.