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Defendants shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
Defendant
A was sentenced to six months of imprisonment for fraud, etc. at the Seoul Western District Court on February 15, 2008, and the above judgment was finalized on February 23, 2008, and Defendant B was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Central District Court on April 24, 2008, and the above judgment became final and conclusive on April 30, 2009.
Defendant
B as the chairperson of the mobile phone-related business chain (juE) and the vice-chairperson of the above company A, the Defendants, as the vice-chairperson of the above company, had the victim F, who is the son of the above company F, receive a secured loan through the bond company, and wanted to borrow the money from the above F.
On October 2007, the Defendants made a false statement to the effect that “The above victims shall pay monthly interest on a loan from the bond company as collateral because the business fund falls short of the business fund, and shall pay the principal without paying it in full after three months.”
However, the above company did not produce a mobile phone, there is no operating fund, and there is little possibility that it will be listed, and even if the Defendants borrowed money from the victim, they did not have the intent or ability to make a full payment after three months of the commitment period.
On November 15, 2007, the Defendants enticed the victims as above and caused the victims to set up a right to collateral security on the land and building located in Yongsan-gu Seoul Metropolitan Government G, which is owned by the victims. Around that time, the Defendants received KRW 40 million from the victims, out of the amount borrowed through the bond business operator.
As a result, the Defendants conspired to deception the victim by deceiving the victim.
Summary of Evidence
1. Each legal statement of witness F, A, and H in part;
1. The description of each part of the protocol of examination of suspects (including cross-examination) to the defendant A by the prosecution;
1. Some statements concerning the suspect interrogation protocol against the defendant A (with respect to the defendant A)
1. Defendant B, respectively.