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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.
Reasons
Punishment of the crime
Defendant
B On June 20, 2013, a person who was sentenced to 6 months of imprisonment for fraud in the Busan District Court and 2 years of suspended execution on June 28, 2013 and is currently under suspended execution.
1. On February 18, 201, Defendant A received KRW 9,700,00 from the victim to the account of community credit cooperatives in the name of E by stating that “if he/she lends money to his/her father because he/she did not have his/her father’s college registration, he/she shall pay his/her monthly interest, and the principal shall be repaid until March 2012, 201.”
However, the Defendant had no intention or ability to repay the obligation of financial institutions, such as credit cards and community credit cooperatives, with approximately KRW 20 million, and KRW 10 million, and KRW 60,000,000,000 from loan companies such as G, etc., even if the Defendant’s mother-and-child transaction business entity borrowed the obligation of financial institutions such as credit cards and community credit cooperatives and F, with approximately KRW 77,00,000,000.
In addition, from around that time to February 27, 2012, the Defendant received money from the victim 46 times through the same method as stated in the attached Table (1) of Crimes List from around that time, and acquired the total amount of KRW 278,67,00.
2. On February 1, 201, Defendant B received KRW 9,502,00 from the victim’s bank account in the name of the Defendant on the following grounds: “In the event that he/she loans money to the victim D because he/she had no money in operating his/her home-friendly H so that he/she may do so, he/she shall pay the monthly interest, and the principal shall be repaid until February 2012; and the principal shall be remitted to the agricultural bank account in the name of the Defendant.”
However, in fact, the defendant's debts owed by financial institutions such as Savings Bank, including KRW 24 million, and KRW 19 million, and KRW 60 million from loan companies such as G, etc. The defendant's debts owed by loan companies such as Savings Bank and KRW 24 million, and KRW 20 million.