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Defendant
A shall be punished by imprisonment for not less than two years and six months.
Defendant
B is not guilty.
Reasons
Punishment of the crime
The defendants are married couple, and they have been operating a feed sales agency, etc. from February 2007 to residing in Korea from February 2007.
1. On December 20, 2010, Defendant A made a false statement to the effect that, at a swine farm office located in E at the time of residence on December 20, 2010, Defendant A borrowed money from the victim F with the funds for the management of the feed agency and the funds for the operation of the swine farm taken over by the Defendants. However, if Defendant A again lent KRW 200,000,000,000,000,000 won as the down payment for the swine farm prior to the towing, Defendant A would be paid with the principal over
However, at the time, Defendant A did not have the intention or ability to pay the debt normally even if he borrowed the money from the victim because the debt is excessive.
Defendant
A by deceiving as such, it received KRW 200 million from the victim to the Agricultural Cooperative Account in the name of Defendant A’s wife B on the same day.
2. On July 14, 201, Defendant A made a false statement to the victim H’s house located in G around July 14, 201, that “When Defendant A lends 80,000,000 won to the victim as feed price, he/she would give the victim a 200-math of each month for the mos pigs raised from November 201, 201, which was three months later, to settle the borrowed amount.”
However, Defendant A did not have any intention or ability to transfer pigs according to the agreement even if he borrowed money from the victim because the operation of the swine farm at the time was not smooth.
Defendant
A, as such, by deceiving the victim, received KRW 70 million from the victim to the Agricultural Cooperative Account in the above name B on the same day, and received KRW 10 million in total from the said account around the 25th day of the same month and received KRW 80 million in total.
3. From October 20, 201 to March 201, Defendant A loaned 90 million won to the victim H as the feed amount, and if Defendant A loaned 90 million won to the victim H at the place under the above paragraph (2) of the same Article, Defendant A keyed 300 heads of pigs (in calculation of 300,000 won per 1ma) raised by the Defendants as swind money (in which case 300,000 won is calculated as 30,000 won).