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1. The defendant A shall be punished by imprisonment for eight months and by imprisonment for six months; and
2. However, in respect of Defendant B, this paragraph is applicable.
Reasons
Punishment of the crime
Defendant
A on August 13, 2004, the Seoul High Court sentenced three years to imprisonment for a violation of the Act on the Punishment, etc. of Specific Economic Leave (Fraud) at the Seoul High Court on September 29, 2006 and passed the parole period on October 18, 2006.
In addition, on May 20, 2009, Defendant A was sentenced to six months of imprisonment with prison labor for violating the Act on the Punishment, etc. of Specific Economic Leave (Mediation and Acceptance of Property) in the Busan District Court's branch branch branch court, and the above judgment became final and conclusive on July 5, 2009.
Defendant
A is not the head of the Korean branch of a foreign bank, and E is not the head of the Korean bank, and even if it receives the money from the victim F, there is no intention or ability to arrange the loan.
Nevertheless, when the victim became aware of the necessity of a loan due to the lack of funds to acquire the H Co., Ltd. in Busan H Co., Ltd., the Defendants conspired to obtain money from the victim under the name of the brokerage fee for the loan, etc. as if they could help arrange the loan normally.
1. On June 2007, Defendant B made a false statement to the victim as follows: “A is a relative of B, the branch office of a foreign bank, and E may obtain a loan desired to be the head of the Korean Bank headquarters.” On June 20, 2007, Defendant B made a factory inspection with H Co., Ltd. located in Busan Seo-gu, Busan, and made a false statement to the effect that “A may obtain a loan to the victim, considering H Co., Ltd.’s factory size as its factory size, the amount of KRW 6.5 billion can be sufficiently loaned to the victim.”
Since then, on June 22, 2007, Defendant B received a false statement from the victim on phone calls to the victim and received KRW 20 million from the victim to the Defendant A’s account on June 22, 2007, respectively.
2. The amount of appraisal; and