Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, this judgment is delivered against Defendant A.

Punishment of the crime

Defendant

On October 2, 2015, A was sentenced to imprisonment with prison labor for ten months at the Daegu District Court for the crime of conflict, and the said judgment became final and conclusive on April 1, 2016.

Defendant

B had the intent to borrow money from the victim D as it is necessary to use money to operate the management office of the victim.

However, since the above victims were not able to fully repay 85 million won from the above victims, they requested the defendant A to help him to borrow money as if he borrowed money.

On November 11, 2014, the Defendants made a false statement to the said victim that “A will give 25% interest as principal until May 31, 2015, if the Defendants borrowed 30 million won with business funds, then Defendant B made a false statement to the said victim that “A will give 25% interest as principal,” and Defendant B said that “I believe, I will give a joint and several surety.”

However, as seen above, Defendant B actually borrowed money in mind of being used for personal purposes. Defendant B had already been liable for personal debt worth KRW 130 million and had no intent or ability to repay money from the injured party. Defendant A knew that Defendant B had insufficient financial capacity to repay, thereby deceiving the injured party as described above.

In collusion, the Defendants: (a) induced the victim to the Daegu Bank Account under the name of the Defendant on the same day; and (b) acquired the total amount of KRW 30 million by remitting KRW 12 million to the same account on the following day.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. Statement made by the police with regard to D;

1. Each complaint;

1. A detailed statement and a process certificate of each bankbook;

1. Previous convictions: A written inquiry, such as criminal history, a report on the result of confirmation of the previous convictions of the disposition, and the Daegu High Court;