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Defendant
A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.
However, as to Defendant B, this shall not apply.
Reasons
Criminal facts
[2014 Highest 541] Defendant A is a person who actually operates the F Co., Ltd. established for the purpose of visiting and selling business, etc. F (Change to G Co., Ltd. on January 11, 2013) and H Co., Ltd. established for the purpose of insurance agency business, etc. Defendant B is a person who was a partner of the above company A and performed the administrative affairs of each of the above corporations and managed the funds
1. Defendants’ joint criminal conduct
A. The Defendants: (a) received a loan from a lending company using real estate owned by the victim E, the aged 74 years old, as security; and (b) intended to obtain the loan from the said victim; (c) Defendant A conspired to act as an investment recommendation, etc. for the said victim; and (d) Defendant B conspired to act as a lending company, along with the victim, with the loan company.
Defendant
On October 2012, A recommended the victim E at the above F Office located in Daegu-gu, Daegu-gu, Daegu-gu, the date of which was 2012, “I will pay the above interest rate and pay the principal to F, and pay 200,000 won per month for profits.”
In addition, from around that time to October 29, 2012, Defendant B prepared documents necessary for the above victim’s accompanying the government offices and applying for loans. On October 29, 2012, Defendant B applied for a loan of real estate located in the Dagdong-gu, Daegu-gu, Daegu-gu, for the security of the victim E-owned property, and subsequently transferred the loan of KRW 20 million to the Agricultural Cooperative Deposit Account in the name of the victim. On October 30, 2012, Defendant A withdrawn the above KRW 20 million from the Agricultural Cooperative Deposit Account in the said victim’s agricultural bank account.
However, since the F Co., Ltd. run by the Defendants is merely a nominal company that is unable to make profits due to almost no transactional achievements, the above victims.