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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
However, this judgment is delivered against Defendant B.
Reasons
Punishment of the crime
1. On September 21, 2012, Defendant A’s sole criminal defendant stated that “The Defendant would pay back money to the Victim’s Office operated by the Victim F (F, 56 years of age) in Gangnam-gu Seoul, that “I would like to purchase a flight ticket with the knowledge of the fact that I would like to buy a flight ticket in an urgent manner.”
However, in fact, the defendant was thought to use the loan from the victim for debt repayment, living expenses, etc., and there was no plan to purchase the flight slip, and there was no intention or ability to repay the loan from the victim even if there was no property or income.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 1,00,000 from the victim’s position, and received KRW 4,00,000 from the Defendant’s agricultural bank account on the same day.
2. On January 16, 2013, the Defendants’ co-principaled the following false statement: “If the Defendants were to establish and operate a construction company, and if they were to lend purchase funds, such as office fixtures, to the victims, they will repay without going through the end of January 2013.”
However, in fact, Defendant B did not have assets in the amount of 30 million won with bad credit standing and did not have assets in the amount of 30 million won, and there was little income, and Defendant A did not have any assets or income, and there was no possibility of establishing a construction company's office deposit and monthly income. Thus, Defendant A did not have the ability to establish a construction company. Even if she borrowed money from the victim, there was no intention
Nevertheless, the Defendants conspired to induce the victim as above and receive KRW 5,00,000 from the same place, and received one national card from the victim from the victim, and settled KRW 3,421,373 as stated in the separate crime list from January 24, 2013 to February 18, 2013, and did not pay the amount. The Defendants borrowed the registration expense for incorporation of the corporation on February 8, 2013.