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Defendant
A shall be punished by imprisonment with prison labor for four months, and by a fine of two million won.
Defendant
B does not pay the above fine.
Reasons
Punishment of the crime
The Defendants conspired to obtain money from the victim by making a false statement as if Defendant B purchased real estate in Jeju-do while approaching the victim D who is working on the real estate business day and doing so as to be the assets holding a large amount of compensation and deposits.
1. The Defendants’ co-principal-offenders conspired as above and agreed on July 27, 2012 at the “Freal estate office” office of the victim D in Ulsan-gu, Ulsan-gu, the Defendant Party A made a false statement to the victim that “B intends to purchase the land of Jeju-do with the compensation of KRW 1.3 billion received from the State; if B borrowed KRW 1.3 million to B, it will be paid only 3 million if it would be paid.” Defendant B attempted to withdraw the fake installment savings in addition to the State’s compensation of KRW 1.3 billion and purchase the land of Jeju-do with the money.” The Defendant B made a false statement to the victim that “I will pay 30,000 won only once 1.3 million won is loaned.”
However, there was no fact that Defendant B received the State compensation of KRW 1.3 billion or paid the fake installment savings of KRW 80 million, and even if Defendant A was aware of such fact and borrowed money from the victim, Defendant B did not have the intent or ability to purchase the land in Jeju-do or to repay the borrowed money.
As above, the Defendants conspired to deception the victim and received KRW 1 million on the same day from the victim, and KRW 3 million on the 28th of the same month, and received KRW 3.6 million in total on four occasions from that date to December 11, 2012, as shown in attached Table 1 through 3, and 5.
2. Defendant A’s sole crime of Defendant A, as indicated in the attached Table No. 4, refers to a false statement stating that “If Defendant A borrowed KRW 400,000,000,000,000,000,000,000,000,000,000 won were made to the victim, Defendant A would be able to purchase the Jeju-do land and would be repaid within three days.”